UNIVERSITY

OF CALIFORNIA

LOS ANGELES

SCHOOL OF LAW
LIBRARY

THE

EQUITY DRAFTSMAN,

BEING

A SELECTION OF

FORMS OF PLEADINGS

IN

^uits in CJrtuitg.

OUIGINALLY COMPILED BY

F. M. VAN HEYTHUYSEN, ^ij.

BARRISTER AT I.AW.

Cfie SeconU IHUitiotu

REVISED AND ENLARGED,
WITH NUMEROUS ADDITIONAL FORMS AND PRACTICAL NOTES.

By EDWARD HUGHES, Esq.

OF LINCOLN'S INN, BARRLSTER AT LAW.

IN TWO VOLUMES.

VOL. 11.

SAMUEL BROOKE,

LAW PRINTING OFFICE,
35,

PATERNOSTER ROW, LONDON.

1828.

w

T

TABLE

TITLES, DIVISIONS, AND SUB-DIVISIONS,

CONTAINED IN THIS VOLUME.

VOL. II.

CHAPTER IX.

ANSWERS.

Sect. I. Forms of Titles.

Sect. II. The Commencement.

Sect. III. Common Forms used in framing Answers.

Sect. IV. The Conclusion.

Sect. V. Forms of Answers.

PAGE
. 1

. 3

. 4
. 7
. 8

answers and disclaimers.

69

CHAPTER X.

DEMURRERS.

72

CHAPTER XI.

pleas.

. 94

CHAPTER XII.

EEPLTCATIONS.

. 119

ItJ'^fM?!

ABLE OF TITLES.

.^.^ CHAPTER XIII.

4 *'* PAGE

EXAIVIINATIONS. . , . . . 122

CHAPTER XIV.

EXCEPTIONS.

Sect. I. Exceptions to Anstvers. . . . 133

Sect. II. Exceptions to Reports. . . . 139

CHAPTER XV.

interrogatories.

Sect. T. Forms of titles, and of the first and last general inter-
rogatories. ..... 148

Sect. II. Forms of interrogatories for the examination of witnesses

in chief. ...... 154

Sect. HI. Forms of interrogatories for the examination of parties,
and also for the examination of creditors and their witnesses,
and others, vnder decrees and decretal orders. . . 273

Sect. IV. Forms of interrogatories for the cross-examination of

witnesses. . . . . .319

Interrogatories to the competency of witnesses, exhibited to them

on their cross-examination. .... 328

Interrogatories for the examination of a icitness on the voir dire,

as to his being interested. .... 329

Articles to discredit witnesses. .... 330

CHAPTER XVI.

Forms of Orders (Interlocutory.) . . . 332

CHAPTER XVII.

Decrees and Decretal Orders, , . .365

APPENDIX.

Orders in Chancery.

. 431

CONTENTS.

•*• The Forms to which an asterisk is prefixed, have been inserted by
the PRESENT Editor.

CHAPTER IX.

ANSWERS.

Sect. I, Forms op titles. , . , ,1

II. The commencement. . . . ,3

III. Common forms used in framing answers. . 4

IV. The conclusion. , ♦ • .7

SECT. V.

forms of answers.

•I. Usual answer of an Attorney-General. . . .10

II. Answer of the Attorney-General where the plaintiff was alleged to

be illegitimate. . * . . . .11

III. The answer of the Attorney-General where a testator died with-
out leaving an heir at law. . . . . . ib.

IV. Answer of the Attorney-Genera!, insisting on a title by escheat
in the Crown, in case a testator died without leaving an heir at law, and
without having made a will valid to pass real estate. . . .12

Vol. II. b

CONTENTS.

* V. Answer of the trustees and executors under the will of a tes-
tator who had contracted for the purchase of an estate, to a bill for specific
performance ; the defendants insisting that the original agreement had been
abandoned on account of the defects of title, and the delay which had
taken place, and also of the deterioration in the value of the estate ; but
also insisting (in case the opinion of the court should be against them),
upon the benefit of a subsequent agreement for an abatement in price ac-
cording to the terms expressed in a letter written by the purchaser. . 13

* VI. Answer of one of three trustees for sale, defendants to a bill
bj a purchaser seeking to set aside the contract, the defendant insisting
that although the incumbrancers on tlie estate are numerous, and that a
recovery which had been previously suffered was in dispute in another
suit, yet that the defendants are able to procure a good conveyance to be
executed to the plaintiff, and that he ought to be compelled to complete

his contract. . . . . . . .22

VII. Answer of a trustee under a nuncupative will, who had taken
out letters of administration to the testator with his will annexed, sub-
mitting to account and claiming allowauces for sums expended in educating
and apprenticing the plaintiff. . . . . .26

"N III. Answer of an executor and trustee under a will to a bill for an
account filed by a legatee; the executor being also heir at law to the tes-
tator, and claiming as such to be entitled to freehold estates purchased by
the testator after making his will and a codicil, and denying any re-pub-
lication thereof. The defendant having misapplied part of the produce of
the real and personal estate, submits to account for the value of the govern-
ment securities in which the same might have been invested ( referriilg to
schedules annexed.) . . . . . .28

IX. Answer of an executrix submitting to act under the indemnity of
the court. . . . . ... 31

* X. Answer of an executor and of the husband of the plaintiff to a
bill for payment of a legacy, — the executor admitting assets, and the hus-
band claiming to be entitled to receive the legacy. '-"-"- , ' '' ^^■^'- ^ < i' . 3'2

*XI. Answer of the executors of a deceased acting executor, to a bill ' ■
of revivor; the defendants not admitting assets, not knowing what was due '
from their testator to the original testator, but submitting to accoUut;^'^'^ ^^^4 '*?!»

XIT. Answer of an executor of a deceased execti^oi-^tti ia*^fiill^<^^i *
■ vivor and supplement ; the defendant admitting assets. '''"'■' '^■'^^■^•'^ ^ ■•'^' ^'-^

; '{disb iadlo ili'r»"(\ii P'l me

♦Xlll. Answer of an infant heiress to a bill by sitnpMicontral^'cH-'"-"*"
.ditors against the executors and trustees under the will of her father, who .
had died greatly indebted, posses^e^ of real ,j^pdi|)^i;sonal,^t^g. ^.,,^^^/ f^j'j.,^

XIV. Answer of a widow electing to take the bequests' made later ^''~'
by a will, and to release all interest in the devised estates, . . ? ^ 36

*XV. Form of an answer by adult and infant defendants claiming is
next ot kin to tire deceased wife of the plaintiff, who by his bill sought to '
set aside a secret setlKment made by his late wife before her marriage. . 3»

CONTENTS.

PAGE

* XVI. Part of an answer of the widow and executrix of a deceased
surviving executor; the plaintiff claiming either as administratrix or in her
own right to be entitled to the share of a residuary legatee who was sup-
posed to have attained twenty-one and to have died abroad intestate, — -the
answer stating a release executed by the plaintiff' and her late husband to
the defendant's late husband as surviving trustee and executor, and claiming

the same benefit therefrom as if pleaded. . . . .40

*XV]I. Statement in an answer of the statute of frauds, and claiming
the same benefit therefrom as if pleaded. . . . .42

XVIII. Answer of the lord of a manor who had seised certain copy-
hold premises for want of a tenant, after the death of a former tenant. . ib.

XIX. Answer of the mortgagor to a bill of foreclosure. . . 44

* XX. Answer of the executors of the first mortgagee to a bill of
foreclosure filed by the assignee of the second mortgagee ( who had ob-
tained possession of the title-deeds and claimed a priority over the first
mortgagee ) against the infant heir of the mortgagor, and also against a
subsequent mortgagee. . . . . . .45

XXI. Answer to a bill for tithes by a vicar against the occupier of
an ancient farm : the defendant asserting that the farm was part of a dis-
solved abbey which came into the hands of the Crown in the reign of
Henry the 8th, and was from time immemorial held exempt from great
tithes; that some of the small tithes were covered by mod uses, and that
agistment tithe was never paid, and submitting to account for what is
due in respect of other small tithes. , . . .50

XXII. Answer of the East India Company to a bill by a lay impro-
priator, claiming tithes or customary payments in lieu of tithes, in respect
of warehouses, 6cc. held or occupied by the defendants, they denying his
right thereto. , . . . . .53

* XXIII. Answer to a bill by a rector and his lessee for arrears
of tithes, — three of the defendants had carried on the business of brewers
in partnership, which was dissolved as to one, and another defendant ad-
njitted a partner; (the other defendant occupying a house and garden as
their clerk;) the defendants admit the plaintiffs' title, and set forth the
accounts required so far as they are able, but insist upon a composition
which had been, paid annually in lieu of tithes as binding upon the plaintiffs. 56

* XXIV, Supplemental answer filed by leave of the conrt to explain
md correct mistakes made by three (leffKudants in a former answer put in by
Ihem jointly with other defendants to a bill by a rector and his lessee for
irrears of tithes. {SceJtMQ ■prece^iing title.), , , f,, . . 63

XXV. Furthef aiiswet 'aft*t ex:c^|)t?i6ns t&keii''aitd''yilbwed to the de-
fendant's former answer to a 1)111 fbr ah acbbunt, and to restrain the in-
fringement of a copyright. . . . . .67

"■'XXVI. Answer of a trusted silbmittiYig'tb'adt as' the conrt shall direct. 68

XXVII. Conclusion of an answer insisting that plaintiff's remedy is
it law and not in equity, and claiming the same benefit as if the defendant
liad demurred to the bill. . . . . . ib.

b2

CONTENTS.

ANSWERS AND DISCLAI M liRS.

PAGE

• XXV^III. Answer and disclaimer by the personal representatives of
a niorfc:ngee, relinquishing the security of the premises comprised in the
plaiutiU's mortgage. . . . . . .69

XXTX. Answer and disclaimer, denying having ever claimed any right
or interest in the premises in the bill mentioned. . . .70

XXX. Answer and disclaimer of a trustee under a will, denying
having ever interfered in the trusts or received the rents of the trust estates, ib.

CHAPTER X.

DEMURRERS.

74
75

76

* 1. A general demurrer for want of equity ( where there is only one
deiendant.) ....

II. A general demurrer for want of equity ( where there are several
detendants.) • • . .

* III. Demurrer to so much of a hill as sought a discovery of title-
deeds, for want o an affidavit being annexed to the bill that the ^ame were
not m the plaintiH's custody or power. . .

., ^l?"' ^*:«i™^to a bill of interpleader for want of the usual affidavit
that the plaintih <!oes not collude with any of the defendants. . 77

* V. Dc.nurrer to a bill of interpleader for uant of the necessary affi-
davit, and also lor want of equity. . ^ ^

fl C^7^\^u''''''V ' '"''' ^"'' '^'^ e'^a^'ination of witnesses de bene esse -
the bill not alleging that an action has been con.menced, or that tJiere is ain'
,n,.ed.ment to an action being brought, and an aflidav.t not beilganneS

* VII. Demurrer for multifariousness.

» VIII Part of a demurrer for multifariousness to a bill a-ainst
several purchasers of parts of an estate. . against

. Knrf^^V^'"""''''' ^r/'"* of equity, and also for multifariousness to
ab.llfor discovery and for a commission to examine uitnesses abroad n
relation to t.o actions at law commenced against the plai i?f„ equ H jh^

ib,

78
79

80

CONTENTS.

PAGE

* X. Dmnirrcr for want of parties to a bill by a creditor of a testator
who had died abroad. . . . . . .81

XI. Demurrer for want of parties. . . . . ib.

XII. Demurrer to so much of a bill as souglit a discovery of waste
committed by the defendant, the plaintiff not having waived by his bill all
penalties and forfeitures. . . . . .82

XIII. Demurrer to so much of a bill as sought a discovery which might
subject the defendants to a charge of compounding a felony, accompanied

by an ausicer to the other parts of the bill. . . . .83

XIV. Demurrer on the ground that the plaintiff" does not appear by

the bill to have proved the will of his testator. . . .84

* XV. Demurrer on the ground that the plaintiff had not proved his
testator's will in the proper Ecclesiastical Court. . . . ib.

XV'^I. Demurrer by the wife and committee of the person of a lunatic,
to so much of a bill as sought to perpetuate the testimony of witnesses to
the alleged will of the lunatic, accompanied by her answer to the other parts
of the bill. . . . . . . .85

* XVII. Demurrer as to so much of the discovery and relief sought
by the bill with respect to certain part of the premises therein mentioned,
that the plaintili's remedy is at law ; and with respect to other part of ihc
premises, that he has shown no title thereto ; and plea in bar as to so much
of the bill as sought to set aside the conveyance of otiier part of the pre-
mises, of the indentures of conveyance by lease and release for a valuable
consideration, supported by an answer denying fraud or any undue iniluence
having been used. . , . . . .86

XVIII. Demurrer by husband and wife to so much of the bill as
sought to set aside a testator's will, or to restrain proceedings at law, that
it appeared by the bill that the husband proved the will in the Preroga-
tive Court, that such Court has exclusive jurisdiction, and that no equity is
shown to stay the proceedings at law ; — Plea by the husband as to so much
as sought a distribution of the testators personal estate, that he made a
will bequeathing his residuary estate to the husband, and appointed him
executor, and that he has proved the will ; — Answer by both defendants to
the residue of the bill. . . . . . .89

* XIX. Demurrer to an amended bill, the plaintilF's title to redeem
having been obtained after the filing of the original bill and the answer to it. 91

* XX. Demurrer for want of equity to a supplemental bill. . 1)2

*XXI, Demurrer to a bill of review and supplemental bill, on the
ground that there are no errors in the decree, and that the lc«ve of the
court was not iirst obtained. ' . . . . ib.

'ill tol I ...I ■ I I ...■ 1.1 - .1.

CONTENTS.

CHAPTER XI.

PLEAS.

PAGE

I. Plea of alien enemy. . . • • .94

II. Plea that the defendant is not the deceased's personal representa-
tive as alleged in the bill, . • • • . J5

* III. Plea to a bill by assignees of a bankrupt, that the same was filed
without the consent of the creditors. . • • .lb.

IV. Plea of bankruptcy of the plaintiff. . . .96

*V. Plea by bankrupts of their certificate to the whole of the plain-
tiff's bill (brought in respect of a demand arisen previously to their bank-
ruptcy), excepting only as to the allegation in the bill that the bankrupts
claimed an interest in the matters in question, which by answer and dis-
claimer accompanying the plea they disclaimed, setting forth a release exe-
cuted to their assignees of all right and interest in their surplus estate. . 98

* VI. Plea of a fine and non-claim to a bill for an account and for
a discovery of the defendant's title, accompanied by an answer to part of

the bill. . . . . . . .100

* VII. Plea hy an heir at law that he had no lands by descent, ac-
companied by an answer admitting that he is heir at law. . . 103

* VIII. Plea to an ejectment bill, negativing the averment in the bill

as to their being outstanding leases. . . . . 104

* IX. Plea by several defendants that the plaintiffs are not next of kin,
and averring that one of the defendants only sustains that character. . ib.

* X. Plea of two outlawries, with the certificates thereof annexed. . 106

XI. Plea of the statute of frauds to a bill for specific performance
of a parol agreement; accompanied by an ansivcr to the matters stated in
the bill tending to show a part perl'ormance ; — (with a note of the Lord
Chancellor's decision on over-ruling the plea.) . . . 107

XII. Plea of the statute of frauds in bar to so much of a bill as
sought to compel the specific performance of a parol agreement for a lease. 112

XIII. Plea of the statute of limitations to a bill by an administratrix

for account. ....... 113

* XIV. Plea of the statute of limitations to so much of a bill as sought
a discovery of title-deeds and of the defendant's title to the estates in
question, supported by averments showing an uninterrupted possession for
sixty years and upwasds in the defendant and the party through whom he
claimed, accompanied by an answer to so much of the bill as required a dis-
covery of the time when the party through whom the plaintiff claimed was
seised of the estate. ...... 114

CONTENTS.

PAGE

* XV. Plea of a former suit depending for the same matters in bar to
a bill for account. . . . . . .117

• XVI. Plea of another will in bar to a bill by a devisee for redemption. 110

CHAPTER XII.

REPLICATIONS.

*I. A general replication to a defendant's answer. . .119

f II. A special replication to the answers of several defendants. . 120

CHAPTER XIII.

EXAMINATIONS.

* I. Form of an examination of a defendant in the Master's office upon
interrogatories settled by a Master pursuant to a decree. . . 122

* II. Examination of executors in the Master's office, ( referring to
schedules annexed.) . . .... 123

* III. Examination of femes covert entitled to shares of money in a
cause, with the certificate of the commissioners and affidavit of the attesting
witness. ....... 126

* IV. Examination of a feme covert upon a commission as to her exe-
cution of a deed of settlement (under the 39th and 40th Geo. 3. c. 56,) of
monies to which she was entitled, subject to be laid out in lands in tail, with

the certificate of the commissioners and affidavit of the attesting witness. . 130

*V. Examination of a person claiming an interest in the premises in
the pleadings mentioned, who had petitioned to be examined upon an in-
terrogatory pro iuterense suo. ..... 132

CONTENTS.

CHAPTER XIV.

EXCEPTIONS.
SECT. 1.

EXCEPTIONS TO ANSWERS,

PAGE

• I. An exception to the answer of several defendants. , . 133

• II. An exception taken to the answer of a defendant to an amended

. . • • • • 135

• III. Several exceptions taken to a defendant's answer. . . 136

SECT. II.

EXCEPTIONS TO REPORTS.

• I. Exceptions to a Master's report relating to copartnership accounts. 139

• II. Exceptions to a Master's general report, taken on the ground of
the allowances made to the defendant an executor in the accounts subjoined

to the report by way of schedule. . . . . . 140

•III. Exceptions to a Master's report in favor of a title depending on
the validity of a recovery. . . . . . 142

* IV. General exception to a Master's certificate of insufficiency under
an order of reference to look into the plaint! tf's bill and the defendant's
answer and the exceptions taken thereto, and to certify whether the answer
be sufficient in the points excepted to or not, (the defendant not submitting

to answer the exceptions.) ..... 145

* V. Exceptions to a Master's report of insufficiency after a second
answer put in by tbe defendant. ..... 146

♦VI. Exceptions to a Master's certificate of insufficiency, under an
order of reference to certify whether an examination of a creditor going
in under tbe decree in a creditors' suit, to interrogatories settled by the
Master, is sufficient or not. ..... 147

CONTENTS.

CHAPTER XV.

INTERROGATORIES.

SECT. I.

PAGE
FORMS OF TITLES AND OF THE FIRST AND LAST GENERAL IN-
TERROGATORIES. ...... 148

SECT. II.

FORMS OF INTERROGATORIES FOR THE EXAMINATION OF WIT-
NESSES IN CHIEF. ...... 154

SECT. III.

FORMS OF INTERROGATORIES FOR THE EXAMINATION OF PARTIES,
AND ALSO FOR THE EXAMINATION OF CREDITORS AND THEIR WIT-
NESSES, AND OTHERS, UNDER DECREES AND DECRETAL ORDERS. . 273

SECT. IV.

FORMS OF INTERROGATORIES FOR THE CROSS-EXAMINATION OF
WITNESSES. ....... 319

Interrogatories to the competency of witnesses, exhibited to them on
their cross-examination. ..... 328

Interrogatories for the examination of a witness on the voir dire as to
his being interested. ...... 329

Articles to discredit witnesses. .... 380

CONTENTS.

CHAPTER XVI.

FORMS OF ORDERS.

PAGE

I. Orilcr to aiiiciul an answer. ... * 332

II. Oriler tliit bonds of submission to arbitration be made an ortler

of court. ..... . 333

III. Order directing that an agreement be made an order of court. . ib.

• IV. Order for payment of the plaintiff's costs, part to the executors
of his deceased solicitor, and other part to his present solicitor; the de-
ceased solicitor before his death obtained an order for taxation, but died
before the same was completed. ..... 334

V. Order for a sherilF's officer to attend with a suitor whom he had
arrested on his returning from court. .... 335

VI. Order for the discharge of a suitor who had been arrested on
leaving the court. ...... 336

VII. Order that the plaintiff may make his election to proceed at law

OT in equity. , . , . . . . ib.

VIII. Order for the separate examination of femes covert as to the
application of a sum of money. ..... 337

IX. Order that a defendant, a foreigner residing abroad, may answer
in his ou'n language, and directing that the answer be translated by a notary
public into English. . . . . . . ib.

X. Order directing that certain exhibits proved on a commission abroad,
be delivered to a notary public to be translated, and that his translation
thereof may be read at the hearing of the cause. . . . ib.

XI. Order appointing an interpreter upon the examination of a
foreigner as a witness. ...... 338

XII. Order for an injunction enjoining the defendant to deliver pos-
session to the plaintiff. . . . . , . ib.

XIII. Order to dissolve an injunction niai. . . . 330

XIV. Order made upon showing cause against dissolving an injunction,
exceptions having been taken to the defendant's answer, — reference directed
to the Master to certify whftlur the answer is sufficii-nt or not. provided his
report be obtained within a limited time. . . , . ib.

CONTENTS.

PAGE

* XV. Order made on the petition of a purcliaser directing a reference
to the Master to jn<|iiire at what time the vendors ( who were trustees for
sale) l)ad shown a good title, and when the incninhrancers and all parties
interested were ready to join; what expenses had been incurred by the
purchaser in getting in the incumbrances, and in the execution of certain
instruments, which ought not to have been borne by him, and also what
dilapidations have taken place, ..... 340

XVF. Order for the appointment of a receiver with liberty to let the
estate with the approbation of the Master. .... 348

XVII. Order made upon petition for sale of an estate; with liberty
to the petitioners to proceed in a suit in the names of the plaintiffs upon
indemnifying them against the costs. .... 349

XVI [I. Order for a sequestration against a Member of Parliament. . ib.

XIX. Order that service of a subpoena on the defendant's attorney be
deemed good service on the defendant. .... 350

*XX. Order made on an infant's having attained twenty-one, directing
an immediate transfer to her of a sum of stock, and payment of the ac-
cruing dividends thereon, also payment of a sum of cash in the bank to
her solicitor, and further directing upon the execution by her of the con-
veyances of certain estates to the purchasers thereof, under a decree for
sale made during her minority (which decree is set forth in the recital of the
petition), a transfer to be made to her of a sum of stock purchased witli
the monies produced by sale of the estates, and payment of the accruing
dividends thereon. ( The petitioner having married previously to the
transfer of the latter sum, and covenanted that the same should be trans-
ferred to the trustees of the settlement executed previously to her marriage,
it became necessary to obtain another order; (see the following order.) . 351

* XXI. Order directing the transfer of a sum of stock to the trustees
of a settlement, which stock by a former order made before the marriage
Lad been directed to be transferred to the wife upon the execution by her of
certain conveyances. ..... . 358

XXII. Order for a will to be delivered out of the Prerogative Court
in order to be proved on a commission, security being first given for the
return of the same. ...... 361

XXIII. Order for the like purpose as the preceding order. . 302

XXIV. Order to compel a witness to attend to be examined, or stand
committed. ....... 363

XXV. Order for liberty to exhibit interrogatories as to the credit of

a witness. . . . . . . . 364

coNTEZ'J rs.
CHAPTER XVII.

DECREES AND DECRETAL ORDERS.

PAGE

T. Dt'croe opeiuni^ stated accounts, and directing a general account
to be taken of all dealings asid tranj^actions between the plainlills and de-
fendants; costs given as to so nuicU as relates to setting aside the stated
accounts. ....... 365

• II. Decree for payment of the arrears of an annuity secured by bond
given for maintenance, with interest upon each half-yearly payment, against

the devisee of the real and personal estate of the obligor. . . 366

III. Decree by consent directing a reference to arbitration. . 367

IV. Minutes of a decree directing a refereiice to arbitration, with a
direction for appointing an umpire in case the arbitrators disagree. . 368

V. Decree for establishing a charity. . . , . ib.

VI. Another form of a decree directing the appointment of new
trustees of a charity estate, jointly with the surviving trustees. . 369

VII. Decree on a bill by creditors against an executrix. . . 370

VIII. Part of an order directing the delivery of deeds and attested
copies, and the execution of deeds of covenant for the production of deeds, ib.

IX. Decree for dower out of freehold and copyhold lands. . . 371

X. Decree for foreclosure. ..... 37*2

XI. Minutes of a decree by consent, directing the plaintilF to confirm
the defendant's jointure in the settled estates, and vvhen confirmed, the
defendant to produce all deeds in her possession or power relating thereto. 373

XII. Minutes of a decree declaring the plaintiQ" to be entitled to a
jointure, and directing Uie defendant to convey to her the lands to be set

out by the Master. . . . . . . ib.

* XIII. Decree directing the execution of several leases; — accounts to
be taken of principal and interest due on several mortgages, — and also of
the arrears of rent in respect of diiferent parts of the premises in question,
according to certain drafts of leases and agreements between the parties,
with a direction to the Master to set an occupation j'cut on other parts
of the premi->eK, and to ascertain what is due in respect thereof; a set-
o!]" directed as between the amount of the acf.ount of reul to be found

CONTENTS.

PAGE

due from one defendant, and the amount of principal and interest to be
found due on her mortgage; the bill dismissed as to certain defendants
with costs; there liaving been several former hearings whick proved fruit-
less, special directions given as to the costs of them. . . . 374

*XIV. Decree declaring the legitimacy of the plaintiff as the eldest
surviving son of his father, as established by the verdict of a jury on the
trial of an issue ; also declaring certain agreements entered into by the
plaintiff' with a younger brother to be void, ( the grounds on which such
decree was founded being inserted in the decree,) and directing a refer-
ence to the Master to take an account of monies paid by the plaintiff* to
the defendant, and to compute interest thereon, the amount to be paid
into the bank subject to further order; decree made without prejudice to
any claims which the defendant might establish against the plaintiff*. . 381

♦ XV. Decree for sale of an estate and payment of mortgagees and
judgment creditors according to their priorities. . . . 384

XVT. Form of a decree nisi where defendant makes default. . ib.

XVII. Minutes of a decree for a partition; — an infant defendant to
have a day to show cause. ..... 385

XVIII. ?»Iinutes of a decree for a partition of an advowson in moieties,

the bill being dismissed as to one defendant with costs. . . 386

* XIX. Order for liberty to apply to the Court of King's Bench, for
payment to the plaintiff and defendants of money paid into the hands of
the Master of that court, the amount to be paid into the bank to abide the
event of the cause. ...... 387

XX. Direction to a Master to appoint a receiver for one moiety of the
estates in question, the receiver to be at liberty to let the estates with the
approbation of the Master. . . . . . ib.

XXI. Minutes of an order directing a consignee of an estate in the
West Indies (being appointed by the Master pursuant to the decree,) to
transmit his accounts half-yearly of the produce consigned to hira, also
to make insurances npon the consignments, also to transmit stores and
eff"ects for the use of the estate ; the defendant to deliver over an inventory
of the negroes, 6:c. on the estate, and the consignee to remit to him such
sums as should be laid out in negroes and repairs ; the consignee to pass

his accounts annually and to pay the balance due into the bank. . . 388

XXII. Minutes of an order directing the appointment of persons to
manage an infant's estates in the West Indies, with directions as to remitting
the rents and produce ; also directing the appointment of a guardian for

the infant. . . . . . . . 389

* XXIII. Decretal order under the statute 7 Geo. 2. c. 20. upon a
petition for redemption of a mortgage, presented by the party entitled to
the equity of redemption, defendant to a bill of foreclosure. . . 390

XXIV. Decree for an account of tithes. . . . 392

CONTENTS.

PAGE

XXV. Decree in a cross-cause for an account of tithes. . . 392

XXTI. Order directing an action of trover to be brought, and that
the defendant should make certain admissions. . . . 393

XXVII. Minutes of an order directing a trial at law in ejectment. . ib.

XXVIII. Minutes of an order directing a trial at law, to ascertain
whether and when a person became bankrupt. . . . 394

XXIX. Order directing a trial at law upon certain issues, with direc-
tions in case the jury should find any particular right varying in circum-
stances from (he issues as laid. ..... ib.

XXX. Minutes of an order directing a trial at bar in the Court of
King's Bench by a special jury, six of whom to have a view of the pre-
mises. ....... 395

XXXI. Order directing issues to be taken pro confesso, unless the
plaintiffs proceed to trial within a limited time. . . . ib.

XXXII. Minutes of an order directing the plaintiff's bill to be retained
for a limited period, with liberty to him to bring an action at law, and in de-
fault thereof within the time limited, the bill to stand dismissed with costs. . 396

XXXIII. Order declaring an account to have been forged, and re-
commending a prosecution for forgery. . . . . il>.

* XXXIV. Decree by the Lord Chancellor reversing an order of dis-
mission made by the Master of the Roils, and directing inquiries as to the
application of certain trust-monies and the acts of the trustees thereof
relative thereto, and in case the Master should find that either of the trus-
tees had committed a breach of trust, then the Master to state in what
such breach of trust took phice, and whether the cestui que trust knew of
the trustees' liability in respect of such breach of trust previously to her
executing a power of attorney. ..... 397

* XXXV. Decree on further directions, over-ruling exceptions which
liad been taken to the Master's report, and declaring Jhat the assets of two
deceased trustees were liable lo make good a breach of trust by the decree
declared to have been committed by the deceased trustees, reserving liberty '- '■
to their representatives to use the names of the plaintiffs in any proceedings' ' . '
which they might be advised to take against other persons, upon giving an
indemnity to tlie plaintiffs to be settled by the Master; an account (lirecied

to be taken of principal and interest due in respect of tlie trust-mdn^3%ari'd ''■"/ ''''
of the plaintiffs' costs, the same to be paid out of the assets of th'fe''i;v*\i 'j'*^^'*^'*
deceased trustees ;— the bill dismissed as against one'd'^f^il'da'tifc' wHtiBttt^*'^ ^^''
costs, but without prejudice to arty ulterior proceedings."' " , '*"i" »'^-»'f'(J-!''ii 3^t

■-':■: . ', ;: - ;^'r:'i';j> i\l? . ■\ .j'- ■„\-ji!^l], i tt.j-,l;i i ;_!)) <ii biv/^dii bnfi mill

*XXXV'I. T)ec^t6'f6Jr'm'ii!6tibihiViifyiHliitKifi'& ^4v^ony ■^kst8^'^tfrf">.i^>f"> *
the annuities and legtlcie^ given by liis viiir; tlVc will not beSn|!;"'d{ily^x^'cht^fl,^ '.Itiiti.
the real estate declared to h'avfe descended to the testator's 'dadb;lrt6r'kb'tl'' "' '
heire>;s at law a plaintiff, and to be' subj'etrt to tlte articled ferft^efdfufo'tipOft'"'''^'*' >
her marriage; an annuity in fee granted by Kiiig Cha^les th6 Second oiit of " '• '>
the Barbadoes Duties deeVeed* to''lik<^ li^ecoW' rfe%te;d' trn'^er th6'4ill in the

CONTENTS.

PACK

testator's daughter as a fee-simple conditional, and to be subject to make
good the anmiilies and legacies given by his will in case the personal estate
should be deficient. Liberty reserved to the executor to make his election
between a debt claimed to be due to him, and a legacy given to him by the
will. ....... 401

* XXXVII. Decree establishing a will with several codicils thereto,
and directing the trusts to be carried into execution, except as to a direction
in the will for the accumulation of the interest and dividends of the resi-
duary personal estate and the rents of the real estate during the minority of
any person or persons entitled thereto, which is declared to be too remote
and void ; a grandson of the testator, an infant, declared to be entitled to
the devised estates for life, with remainder to his first and other sons in tail
general ; directions given as to an allowance for his maintenance; the testa-
tor's widow having made her election to take under the marriage settlement,
declared to be barred of her dower; a trustee declared to be entitled to
certain leasehold premises for his own benefit, and special directions given
as to prospective and retrospective allowance to be made to him for his
trouble. . . . . . . . 404

XXXVIII. Decree establishing a will of real estate, and directing an
account to be taken of the testator's debts, funeral expenses, and legacies,
with directions in case the personal estate should be deficient, for raising

the deficiency by mortgage or sale of the real estate. . . . 407

XXXIX. Decree for an account of a testator's personal estate, and
directing the appointment of a -receiver. * . . . 409

XL. Decree on further directions, directing the Master to compute sub^
sequent interest on such debts as carried interest, and to take an account of
any other debts remaining unpaid, also directing the sale of a sum of stock,
and payment thereout and out of other monies of the debts to be reported
due to the creditors, except the plaintiff, he consenting to waive his right;
the executor directed to pay tlie balance in his hands into court, and direc-
tions given as to appl)^^ing the proceeds in the hands of a consignee of a
West India estate. ...... 410

_._._, ,. . .iur'hj'?-"«'::70 ..j^nonosTii: no ojio-id ./AX7 '

XLI. Order directmg a reference to the Master to iqquire as to what,j,i, t^j
part of a testator's personal estate is out on securities, which of them are,jgfl^,3,i
proper tq, Ip^^^cptiaji^^d .9^,m%^ij,flfc j^ilU ..4|rfSliQ0?.,gl>ven ,£qv,, th€,l^tAeK,.„«f v>'.)

* XLI I. Decree on further directions in the original cause,, and, ipn tlj^jf, ,,. j^jj^
bearing of a supplemental suit; the plaintiffs in the latter suit declared to bi^^^ gj ^
entitled to the benefit of the proceedings in the original cause, and to prose-* jj (a
cute tbe same; the accounts directed to be carried on from the foot of the.,^gy.j,.jj
former accoiints, and the executor to be charged wilb a legacy retained by ' tp ■ ti
him and allowed in the Master's general report; the testator's real estate
declared to be subject to the payment of his simple-contract debt^, and the
plaintiffs in the second suit declared to be creditors to the amount of a sum

of stock sold out by the testator, and an account directed to be taken of the
dividends which would have accrued due in case the same had not been sold
out; construction of the will declared with regard to a devisq of certaii)',;.r, .m!
estates not exceeding ^'3000 a-year, as being to the separate use of a married-^ 'f .J;

CONTENTS.

PAOB

woman for life ( slie having for some years been separated from her husband),
with remainder to her children in fee ; the testator's shares in a Theatre
directed to be sold, and the purchase-monies paid into the Bank. The costs
of all parties to be taxed as between solicitor and client, and directions given
out of what funds the same were to be paid.

The prayer of the original bill, the decree made at the original hear-
ing, the Master's general report, and the prayer of the supplemental bill,
recited. ....... 413

APPENDIX.

Orders in Chancert. ..... 431

Index to the Orders in Chancery. . . . 455

Index to the Precedents and Notes. . • . 463

FORMS OF PLEADINGS

IN

EQUITY.

CHAPTER IX.

ANSWERS.
SECT. I.

THE TITLE (a).

In Chancery.

The answer of A. B. defendant to the bill of i- Where tliere

complaint oi C D. complainant. fendant to an ori-

ginal billjinClian-
. eery.

The answer of Sir J. S. C. knt. his Majesty's 2. Where his

Attorney-General, one of the defendants to the Hey^-Ge^neraiis'a

bill of complaint of E. C. and R. his wife ( late defendant.
R. A. spinster ) complainants.

The answer of A.R. an infant under the age of 3. Where a de-

- , -. ^ fendant is an in-

twenty-one years by her guardian, one 01 the faut.

defendants to the bill of complaint of J. C. and

T. R., J. F. and J. L. complainants.

(a) If the title of an answer reflects on the plaintiff it is scandal, because
the title cannot operate as an admission of the plaintiff's right, or work
any conclusion. Therefore where an answer was entitled ' The several
answer of John Peck esq. one of the defendants to the bill of complaint
of Anna Baines, alias Green, assuming to herself the name of Ann:i
Peck, as pretended wife of John Peck esq. deceased, and of Ann.i
Maria Green, assuming to herself the name of Anna Maria Peck, as
daughter of the said John Peck esq. deceased,' it was held scandalous
and impertinent. Peck v. Peck, Mos. 46.

Vol. II. A

COMMON FORMS.

4. Where one of
several defeiul-
aiits puis in her
answer to an ori-
ginal and amend-
ed bill.

5. Where two of
several defend-
ants put in their
answer to an ori-
ginal bilL

6. Where seve-
ral defendants
join, and the
christian names
of some of tiiera
arc mis-stated in
the bill.

7. Where excep-
tions have been
taken to a former
answer and the
hill has also beea
amended.

In Chancery.

The answer of S. B. widow one of the defendants
to the [original (b) and] amended bill of complaint
of N. P. complainant.

The joint and several answer of J. L. and T. R.
two of the defendants to the bill of complaint of
A. B. and C. D. complainants.

The joint and several answer of L. M., R. P. in
the bill called E.P., J. R. in the bill called R.R.,
and R. T. defendants to the bill of complaint of
R. M. complainant.

The further answer of S. J. one of the defend-
ants to the original bill, and her answer to the
amended bill of complaint of S. T. and R. D. com-
plainants.

8. Where the
plaintiff has died
before some of
the defendants
have answered,
and the bill has
been subsequent-
ly amended.

9. Where adult
and infant de-
fendants join in
auswerins.

10. Where a sup-
plemental answer
is requisite.

The joint and several answer of A.B. CD. and
E. F. three of the defendants to the original and
amended bill of complaint of N. P. deceased, and
also their answer to the bill of revivor and amended
bill of A. P. complainant.

The joint and several answer of J. B. and M. his
wife, H. F. E. F. W. F. J. P. and T. P., and of
W. P. and J. P. infants under the age of twenty-
one years by their guardian, nine of the defend-
ants to the bill of complaint of T. G. complainant.

The supplemental answer of W. P. T., J. S. and
R.T. three of the defendants to the bill of com-
plaint of the Rev. F. W. B. and C. E. complainants.

(6) After amend meut it is not necessary to notice the original bill in
an answer or demurrer, although frequently done ; the amended bill
is considered as the original bill; Smith \. Br yon, 3 Madd, 428; see
also iVes. jun. 209 a, 2d edit.

COMMON FORMS.

SECT. II.

THE COMMENCEMENT.

This defendant now and at all times hereafter saving and reserving !• introduction
unto himself all benefit and advantage of exception which can or preceding an an-
may be had or taken to the many errors uncertainties and other im- 'l^*^'" ^y ""^ *^^'
perfections {d) m the said complainants said bill of complaint con-
tained (e), for answer thereunto or unto so much and such parts
thereof as this defendant is advised is or are material or necessary
for him to make answer unto, this defendant answering saith &c.
[ The defendant must answer according to his knowledge remem-
brance information and belief. ]

Another form of commencement :

This defendant reserving to himself all right of exception to the
said bill of complaint, for answer thereto saith &c.

These defendants now and at all times hereafter saving and re- -• Introrinction
serving to themselves and each of them all benefit &c. \^ 'proceed as preceding tiie

in form No. \. supra, as far as the ivord ' as' and proceed thus :^ joint and several

answer oi sGverJil

as these defendants are advised is or are material or necessary for defendants.
them or any of them to make answer unto, they these defendants
severally answering say &c.

Or thus :

These defendants reserving to themselves all right of exception to
the said bill of complaint, for answer thereto say &c.

(o) Id tbe case of an ivfant defendant, this clause is always omitted.

{d) If the bill has been amended, insert the foUoicing form after the
tvord ' imperfections :'

' in the said complainant's [original and] amended bill of complaint
contained ' &c.

(e) Where exceptions have been taken to the former answer, and the bill
has also been amended, insert the following form after the word ' contained:'

' for further answer to the said original bill and for answer to the said
amended bill or unto so much and such parts thereof &c.

The exceptions should be first answered, aa'd afterwards tiie ame'ud-
meots as introduced in the bill.

COMMON FORMS.

SECT. III.

Common forms used in framing answers.

1 . Where a defendant admits a statement.

And this defendant further answering saith he hath been informed
and believes it to be true that &c. Or^ this defendant admits that &c.

2. Where a defendant admits the statement of a
written instrument.

And this defendant further saith he hath been informed and be-
lieves it to be true that &c. but this defendant for greater certainty

therein craves leave to refer to the said when the same shall

be produced.

3. Where a defendant believes a statement may
be true, but qualifies his admission of it not knoW'
ing the same of his own knowledge.

And this defendant further answering saith he believes it to be
true that at the time of the said testator's making his said will and
at the time of his death the said testator's sister Jane the wife

of in the said bill named had such children as therein in that

behalf named, but this defendant does not know the same of his
own knowledge, nor can this defendant state as to his belief or other-
wise whether she had or not any other children or child at such
times or either of them.

Or thus :

And this defendant further saith he has never heard or been in-
formed save by the said complainant's said bill whether &c. but this
defendant believes that &c. as in the said bill is alleged.

4. Where a defendant sets forth a deed, and
alleges the i}ayment by him of a sum of money.

And this defendant saith that by a certain deed-poll or instrument
in writing under the hands and seals of &c. and bearing date &c.

the said did in consideration of the sum of £ to them paid

by this defendant, the receipt &c., and which said sum was in fact so
paid, remise, rcleat,c, &c. As by such deed or histrument, to which

COMMON FORMS.

this defendant craves leave to refer when the same shall be produced,
will appear.

5. Where a defendant is entirely ignorant with
regard to the statement in the bill.

And this defendant further answering saith he knows not, and has
not been informed save by the said complainant's said bill, and cannot
set forth as to his belief or otherwise whether the said complainant
has or not apphed for or procured letters of administration of the
goods chattels rights and credits of the said A. B. to be granted to
her by and out of the proper or any or what Ecclesiastical Court,
nor whether &c.

Or thus :

And this defendant further answering saith it may be true for any
thing this defendant knows to the contrary that &c. but this defend-
ant is an utter stranger to all and every such matters, and cannot
form any belief concerning the same {f),

6. Where one of two defendants of his own know-
ledge knows the statement in the bill to be true, and
the other defendant does not know the satnff but
believes the ansiver of his co-defe?idant.

And this defendant M. M. further severally answering saith, and
this defendant E. R. believes it to be true, that the said testator
was not &c.

7. Where two defendants admit the happening of
an event but cannot state when it happened.

And these defendants severally admit &c. but when in particular
these defendants or either of them to the knowledge or belief of
the other of them do not know, and cannot set forth as to their
information and belief or otherwise.

8. Where several defendants Join, and are all
igtiorant of the allegations in the bill.

And these defendants further severally say that they or any or
either of them to the knowledge or belief of the others or other of
them do not know, and have never been informed save by the said
complainant's bill, and cannot set forth as to their belief or other-
wise whether &c.

(/) See Amhiiml v. Kiny, 2 Sim. & Slu. 183.

XOMMON FORMS.

9. Where one of two defendants denies the alle-
gation in the hill, a7id the other defendant believes
such denial to be true.

And this defendant M. M. further severally answering saith she
denies, and this defendants. R. believes such denial to be true {g),
that the said J. S. M. was then incapable of understanding the said
codicil, but saith that he fully knew &c.

10. Where two defendants join in denying the
allegations in the bill.

And these defendants further severally say that they these defend-

. ants did not nor did either of them to the knowledge or belief of

the other of them, nor did the said J. and H. or several or any or

either of the members of the said firm to the knowledge or belief

of these defendants, a short time or at any time before &c.

1 1 . Where a schedule of deeds is required to be
set fort] I.

And this defendant further saith he hath in the schedule to this
his answer annexed or under-written, and which he prays may be
taken as part thereof, set forth according to the best and utmost of
his knowledge remembrance information and belief, a full true and
particular list or schedule of all deeds &;c., and this defendant is
ready and willing to produce and leave the same in the hands of
his clerk in court for the usual purposes.

12. Where an account of rents, or monies re-
ceived, or paid, is required to be set forth by se-
veral defendants.

And these defendants further severally answering say, they have
in the [first] schedule to this their answer annexed or under-written,
and which they pray may be taken as part thereof, set forth accord-
ing to the best and utmost of their several and respective knowledge
remembrance information and belief, a full true and particular
account of all and every sum and sums of money &c. [ Or, if an
account required as to real estates, thus : a full true and just rental
and particular of all and singular the real estates &c. ]

(^) See Walker y. Norton, Hardr. 1G5.

[ 7 ]

SECT. IV.

THE CONCLUSION.

And this defendant denies all and all manner of unlawful combi- Denial of un-
nation and confederacy {h) wherewith he is by the said bill charged, naTion-*^""'''
without this, that there is any other matter cause or thing in the said General traverse,
complainant's said bill of complaint contained (i) material or ne-
cessary for this defendant to make answer unto and not herein and
hereby well and sufficiently answered confessed traversed and avoided
or denied, is true to the knowledge or belief of this defendant ; all
which matters and things this defendant is ready and willing to aver
maintain and prove as this honorable court shall direct, and humbly
prays to be hence dismissed with his reasonable costs and charges
in this behalf most wrongfully sustained.

(h) An answer to a charge of unlawful combination cannot be com-
pelled, and a charge of lawful combination ought to be specific to render
it material, as it has been determined that a general charge of com-
bination need not be answered, see Oliver \. Haywood, 1 Anstr. 82;
Ld. Red. Tr. PI. p. 41, 4th edit.

(i) It is the universal practice to add by way of conclusion a general
traverse or denial of all the matters in the bill, Ld.Rd.Tr. PI. p. 314;
this is said to have obtained when the practice was for the defendant
merely to set forth his case, without answering every clause in the bill,
see ^Kon. Ca. 2 P. Wnis. 86, where a motion was made to suppress an
answer as irregular or improper, the general traverse at the end being
omitted, and on the ground that without this traverse there was no issue
joined, but the motion was refused.

In the case of an infant, the denial of combination and the traverse
at the conclusion are omitted, as he is considered incapable of the
combination charged in the bill, and his answer cannot be excepted to
lor insufficiency ; Ld. Red. Tr. PI. p. 314.

[ 8 ]

SECT. V.

FORMS OF ANSWERS.

A defendant is not bound to confine himself to an answer to the
interrogatories in the bill, but may state circumstances in his defence ;
if the answer goes on to state matter not material to the defend-
ant's case, it will be deemed impertinent ( 1 ), but if it relates to the
subject the court will not look critically into its materiality, for
though not material according to the statements in the bill, it may
become so by evidence ; the party must shew to make it impertinent,
that it never can have any relation to the subject of the suit (2).

If a general question be asked, and a particular one also which
is included in the general one, the defendant must answer the
particular as well as the general question (3). Specific charges
in the bill must be answered particularly and precisely, therefore
a general answer though it may include an answer to a particular
inquiry is insufficient (4). An answer also must not be argumenta-
tive, but there must be positive averment (5). If the discovery
sought be not material, the defendant may object to it by answer,
and the practice of the Masters is to disallow exceptions where the
questions are quite immaterial (6).

In an ansv.er to a bill for an account, it is not sufficient for the
defendant to refuse to give information further than to enable the
plaintiff to go into the Master's office, the plaintiff has a right to
have by the answer connecting itself with books and accounts re-
ferred to as part of the answer, the fullest information defendant
can give him (7). If a bill requires an admission of assets, or that
the defendant may set out an account, if the defendant admits assets

(1) Ld. Red. Tr.Pl. p. 313, 4th edit. ; 2Madd. Ch. Pr, 353, 5.

(2) Ramsden v. Cass, cited '2Madd. Ch. Pr. 276.

(3) Proitt v. Underwood, 2 Cox, 135.

(4) Wharton v. Wharton, 1 Sim. & Stu. 235, 6 ; Hepburn v. Durand,
1 Kro. Ch. Ca. 502.

(5) Favldcr V.Stuart, llVes. 303.

(()) Afjar V. Regent's Canal Company, Coop. R. 215; and see the cases
referred to in note (r/), Ld. Red. Tr. PI. p. 310, 4th ed»
(7) While V. Williams, U Yes. 11)3, 4.

ANSWERS. 19

he is not obliged to set out the account (8 ). Where in an answer of
an executor to a bill containing the usual interrogatories for an ac-
count of the personal estate and what it sold for &c. every i)articular
article and the price at which it sold was set forth in a schedule,
it was held impertinent (9). If pertinence and impertinence be so
mixed that they cannot be separated, the whole is impertinent.
Needless prolixity is itself impertinence although the matter should
be relevant ; all that is required in an answer is, that the defendant
should fairly and pertinently set forth so much of the instrument or
document he may be asked respecting, as is sufficient to satisfy the
object and inquiry of the plaintiff's charge and interrogatory, but he
must not wantonly incumber the record beyond that ( 10 ). But in
Clissold V. Powell (11), Sir John Leach, Vice Chancellor held, that
if an instrument be required by the bill to be set forth, it is not
impertinent to set forth the whole of it, for if a defendant takes on
liimself to state only the substantial part of the instrument, and
jin exception is taken because he has not set forth the substantial
part, the court would be unable to decide what was the substantial
part.

Where a discovery is sought of a correspondence, if the defend-
ants set forth extracts of letters and swear that those are the only
parts of the correspondence upon the subject, it is sufficient (12).
When a short description of letters is required, it is impertinent
to state the short contents of the letters ( 13 ).

If the answer misnames the plaintiff' it is not considered as an
answer, and will be ordered to be taken off the file C14'). So if
the answer purports to be an answer to the bill oi' Jive complainants
only, when there are six, it will be ordered to be taken off" the
file (15).

(8) Cooper R. '215.

(J)) Beaumont v. Ueavniont, 5 Madfl. 51. See also Norway v. Rowe,
1 Mer. ;}o5 ; Parker v. Fairlie, 1 Sim. &Stu. 295; S. C. on appeal,
1 Turn. ^ Riiss. 3G2.

(10) Kiuf/ V. Teale, 7 Pri. 280; in this case the answer was held im-
pertinent in setting out at too full length a warrant of attorney to confess
judgment and the defeazance, although the statement thereof in the
i)ill was very incorrect; ami sec Slack v. Ecans, hefore Lord Chancellor
tldon, cited 7 Pri. 278 ; lieanies's Orders in C!i. p. 70 & 165.

(11) Cited as an Anon. Ca. 2 iMaild. Ch, Pr. 355.
(12j Campbell V. Pre nch, I Aiistr. 58.

(13) V. De Tastet, cited 2 iVladd. Ch. Pr. 276.

(14) Grif/itk V. Wood, 1 1 Ves. G2.

(15) Copti x.Pairy, I Madd. 11. 83. So for other mistakes in the
tille ; Pktcrs v. Thompson^ Coop. R. 24JJ ; SVkitc v. Godbold, 1 Madd. R.
261).

10 ANSWERS.

A defendant will be held to an offer or submission in his answei*,
though the circumstances of the case were varied from what they
were at the time the answer was put in (16).

If the matter of an answer be material and relevant to the justice
of the case, whatever be the nature of it, it is not to be considered
scandalous (17).

A trustee or incumbrancer interested only in part, (so also an
heir at law, ) always answers so much of the bill as applies to him,
and need not answer the rest of it (18).

A defendant is not bound to answer interrogatories not supported
by substantive allegations in the bill ; but if he does answer, and
the plaintiff replies to the answer, it is put in issue properly (19).

* I. Usual answer of an Attomei/-General (20),

(For the title, see form No. 2. 7;. 1 .)

This defendant answering saith that he is a stranger to the
several matters and things in the said complainant's said bill of
complaint contained ; x\nd this defendant further saith that he
claims such rights and interests under &c. [ the ivill of R. S. de-
ceased in the said bill stated ] for and on behalf of his Majesty as
this honorable court shall be of opinion that his Majesty is justly
entitled to.

(16) Uolford T. Bnrnell, 1 Vern. 448 ; sed qucere, if the bill is after-
wards amended; see iVes. jun. 209 a, 2d edit.; 6Ves. 555; 2 Madd.
Ch. Pr. 370.

(17) Coffin Y. Cooper, GVes. 614; Smith v . Reynolds, Mos. 70,

(18) Cooper R. 215.

(19) Attorney-General V . Whorwood, iVes. sen. 534, 8.

(20) The Attorney-General may, in his discretion, put in an answer,
or refuse to answer; but if be refuses to put in any answer, the bill
may be taken pro confesso. No process of contempt can go against
the Attorney-General, nor can exceptions be taken to an answer put
in by him. Where the Attorney-General puts in the common answer
he may afterwards move to withdraw it and put in a new answer;
2 iMadd. Ch. Pr. 335 ; 1 Fowl. Ex. Pr. 401.

The introductory words of course and the general conclusion of an
answer (see sections 2 and 4, antea,) ai*e unnecessary in the answer of
an Attorney-General; aUhough in the forms of answers by the Attorucy-
Grncral, inserted in the former edition of this work, the commeuce-
meut of those clauacs is inserted.

ANSWERS.

II. Answer of the Attorney-General where the plaintiff was
alleged to be illegitimate.

(For the title, see form No. 2. p. I.)

This defendant ( ~1 ) saving and reserving to himself on behalf of
his Majesty now and at all times &c., answering saith that he is a
stranger to all and singular the matters and things in the said com-
plainant's bill of complaint contained, and therefore leaves the said
complainant to make such proof thereof as he shall be able; And
this defendant further answering saith that he insists on behalf of
his Majesty on all such right title and interest in the premises in the
said bill of complaint mentioned as his said Majesty shall appear to
have therein, and this defendant humbly submits the same to the
judgment order and direction of this honorable court, and also
humbly prays that this honorable court will take care of his Ma-
jesty's right and interest in the premises. And this defendant
denies &c. Without that &c.

J. M.

M

III. The ansiver of the Attorney-General where a testator died
tvithout leaving an heir at law.

(For the title ^ see form No. 2. p. 1.)

This defendant ( 22 ) now &;c. answering saith it may be true for
any thing this defendant knows to the contrary that I. T. A. in the
complainant's bill named was seised in fee simple of such real
estates as therein mentioned, and that he died at or about the time
in the said bill in that behalf mentioned without leaving an heir at
law, but whether the said I. T. A. duly made and published such
or any other last will and testament as in the said bill mentioned,
or whether if he so did he the said I. T. A. was of sound mind
memory and understanding at the time of making and publishing the
same, or whether the same was duly executed and attested &c., or
whether the said complainant is so or otherwise entitled to the said
estates as in the said bill in that behalf mentioned, this defendant

(21) Scenote(20), antea, p. 10.

(22) Sec note (20), autca, p. 10.

12 ANSWERS.

being an entire stranger to the several matters aforesaid cannot set
forth, but leaves the said complainant to such proof thereof as he
shall be advised to produce ; And this defendant on behalf of his
Majesty insists that if the said I. T. A. died without leaving any heir
at law and without duly executing his will and testament in writing
in such manner as by law is required for devising real estates, in
that case his Majesty has become entitled by escheat to all the
estates of which the said I. T. A. died seised.

W.A,

IV. Anmver of the Attorney-Generalins'isting on a title by escheat
in the crown, in case a testator died tpithout leaving an heir
at laiv, and without having made a will valid to pass real
estate.

(For the title, see form No, 3. p. I.)

This defendant ( 23 ) saving &c. answereth and saith that he is
a stranger to all and singular the matters and things in the com-
plainant's said bill of complaint contained, and submitteth the same
to the judgment of this honorable court; but insists on his Ma-
jesty's behalf that in case it shall appear that Sir D. D. late of &c.
deceased in the complainant's bill named, died without leaving any
person or persons a subject or subjects of Great Britain his heir or
heirs at law, and without having duly made and published his >vill
and testament in the presence of three credible witnesses and with
all the solemnities of law requisite to devise or pass real estate at the
time of his being of sound and disposing mind memory and under-
standing, that then and in such case his Majesty is well entitled by
escheat to all and singular the freehold messuages lands tenements
and hereditaments of which the said Sir D. D. died seised or en-
titled in fee simple ; And therefore this defendant prays that this
court will take care of such right and interest if any as shall appear
to be in his Majesty. Without that &c.

(23) See note (20), antea, p. 10,

ANSWERS. W

* V. Answer oj the trustees and executors under the will of a
testator ivho had contracted for the purchase of an estate ^
to a bill for specific performance ; the defendants insist-
ing that the original agreement had been abandoned on ac-
count of the defects of title, and the delay which had taJcen
place, and also of the deterioration in value of the estate ;
but also insisting (in case the opinion of the court should be
against them,) upon the benefit of a subsequent agreement
for an abatement in jjrice according to the terms expressed
in a letter ivritten by the purchaser.

The joint and several answer of T. S. and A. M.
two of the defendants to the original bill of com-
plaint and bill of revivor of J. N. widow and T. N.
complainants, and the joint and several answer of
the same defendants to the bill of revivor of the
said T. N.

These defendants &c. \^see form No. 2. antea, 21. 3.] answer and Da not know

say they do not know and cannot set fortli as to their belief or ^ • '["tr *''^
J J _ ^ , . . , P'amtins were

otherwise whether the said complainants in the said original bill seised of such
named or either of them were or was at any time seised possessed bnrmemioned'**

of or well entitled to such freehold and leasehold estates as in ''"' believe that

they were \xx
the said bill mentioned for such estates as therein mentioned, or possession there-

what estates or interests in particular they or either or them had ^^' and claimed

' •' , such interest

or has therein respectively, but these defendants believe that the therein as in

said complainants in the original bill or one of them were or was "^ ' *'^t*^"J
in possession of such estates and claimed such interest therein as
are mentioned in the said bill ; And these defendants say they be- Believe that tljey
lieve it to be true that the said J.N. deceased and the said com- ^Jf® desirous to
plainantT. N. were desirous of selling the said freehold and lease-
hold estates, [ and that they offered the same for sale subject to
certain particulars ^c., (but for their greater certainty, ^c. refer
thereto,) and that tliey were put up to sale but not sold, ^c, and
that the said J. N. and T. N. authorized JR. W. to sell the estates
by private contract i\ And that D. M. in the said bill named and that D. M.
and now deceased applied to and agreed with the said R. W. as \ '^. detemiauth'

^ ' » testator agreed

the agent of the said J.N. and the said complainant T.N. for with the piain-
the purchase of the said estate and premises at or for the price purchase*'" he**
or sum of .£8000, but whether or not subject to such terms and s«'"e tor ^aoon,

, . . , • 1 1 Ml 1 1 1 '*"' '^'•'^ terms of

stipulations as m the said bill stated, or what were the terms such agreement

14

ANSWKRS.

they are unable
to state, except
as appears from
a letter ;

but say that no
agreement in
writing was ever
signed.

Do not know
whetlier D. M.
had heard of the
intended sale by
auction :

nor whether any
printed particu-
lars were deli-
vered to or pe-
rused by him.

Admit that R.W.
was the solicitor
and agent of
D. M. and the
plaintiffs ;

Believe that
R. W. prepared
an abstract of
the plaintiff's
title, which they
believe was very
imperfect;

that he sent the
same to counsel
to peruse on
behalf of D. M.,

and that numer-
ous objections
were made.

Admit certain
letters were sent
by D.M. toR.W'.

Do not know
whether a letter
was sent by D.M.
in reply to a
comnuinication
from R. \V.

of such agreement these defendants are unable save as Iterein-
after mentioned to set forth, and except that it appears from a
letter of the said D.M. that the purchase was to he completed
on the 14th of February 1821 ; but these defendants say that
no agreement in writing was ever made or signed by the said
J. N. and the said complainant, or by the said R. W. on their
behalf, or by the said D.M. concerning the purchase of the
said estate and premises or any part thereof; And these defend-
ants severally say they do not know and have no information
whether the said D. M. had or not previously heard of the
intended sale by auction, or that the said estate and premises were
not sold, though they think it probable that he had heard of such
intended sale, and that the same had not been effected ; And these
defendants further say they do not know and cannot set forth as
to their belief or otherwise whether any printed particulars or
conditions of the sale hereinbefore mentioned or any other sales
were or not during the treaty for the said purchase or at any
other time delivered to the said D.M. by the said R.W. or by
any other person, nor whether the said D. M. did or not peruse
and consider any particulars and conditions of sale ; And these
defendants further say they admit it to be true that the said R.W.
was the solicitor and agent employed as well by the said D. M. as
by the said J. N. and the said complainant T. N. in and about the
said purchase ; And these defendants severally further say they
believe it to be true that the said R.W. did as the solicitor or agent
of the said J. N. and of the said complainant T.N. prepare at
their expense an abstract or what purported to be an abstract
of their title to the said estate and premises, but which as these
defendants believe was very imperfect and inaccurate; and that
the said R.W. shortly afterwards sent the said abstract to R. G. B.
in the same hill mentioned to peruse and advise thereon on behalf
of the said D. M., and that the said R. G. B. made numerous
objections and inquiries respecting the title of the said estate
and premises ; and that the said objections and inquiries required
considerable research in order to obviate and answer them ; And
these defendants further say they believe it to be true that the
said D.M. wrote and sent to the said R.W. such letters &c. &c.
as in the said bill stated, but for their greater certainty as to the
said letters these defendants crave leave to refer to the same when
produced ; And these defendants severally further say they do not
know and cannot set forth as to their belief or otherwise whether
the said letter in the said bill mentioned to bear date the 7th day
of February 1821 or whether any other letter was or not sent, by

ANSWERS.

t^

the said D. M. in reply to such communication of the said R.W.

as in the said bill mentioned, save as appears from such letter ;

And these defendants further say they have been informed and Believe that the
•,,.., ,1.1.1 • 1 estate was con-

believe it to be true that the said estate and premises were by ygyej ;„ ,„o,.t.

such indentures of lease and release as in the said bill mentioned gage^ to T. P.,

1 V • 1 a"'' "^® become

together with other freehold hereditaments conveyed to the said absolute at law

T. P. in mortgaffe in such manner as in the said bill mentioned, *° '"""•
and that the estate and interest of the said T. P. in the said mort-
gaged premises has become absolute at law, but for their greater
certainty as to the said indentures these defendants crave leave to
refer to the same when produced ; And these defendants further Believe that
say they believe it to be true that the said R. W. did upon such ^.^^^''^''^t^*'^'*
occasion as in the said bill mentioned request Messrs. W. and H. manage the busi-
therein named to manage the business relating to the said pur- thrsalVpIlf- '^
chase, and that the said Messrs. W. and H. were the solicitors of chase ;
the said T. P. and complied with such request as aforesaid, and
that the said Mr. H. had several interviews with the said R. G. B.,

and that in consequence of the requisitions of the said R. G. B. that a new set
., ,^ TT « , . . 1 Tj of abstracts was

the said Mr. H. found it necessary to prepare and did prepare prepared by

at the expense of the said J. N. and of the said complainant J^p^J^g'^t^l.^'' *''*

T.N. a new set of abstracts of their title to the said freehold evidence;

and leasehold estates, and that the said Mr. H. laid the same be- ^

fore the said R. G. B. together with such pedigree certificates and

other documents as in the said bill mentioned; And these defend- And thatD.M.

ants severally further say they believe it to be true that the said pj|fehare'^-m''dney

D. M. did deposit in such bank as in the said bill is mentioned the in a bank, but

sum of ,£8000 the purchase-money agreed to be paid by the said ^^^^^g j^J^^J ^".*

D. M. for the said estate and premises, but whether or not such thing as to the
.,,.,,, , 1 1 X proposal stated

proposal as in the said bill stated or any other proposals whatever ,„ the bill ;

was or were ever made by the said Mr. H. to the said D. M., and
whether or not the said D. M. declined according to such pro-
posal or proposals, these defendants are unable to set forth as to
their belief or otherwise ; And these defendants severally further Nor do they
say they do not know and cannot set forth as to their belief or other- ^^^^^] was^[n

wise whether or not the said Mr. H. was in daily expectation of expectation of
, , „ . , • 1 1 •!! • 1 .1 1 Ci. leceivine the

receiving such draft as in the said bill mentioned or any other dratt j^aft from conn-

from the said R. G. B. or any other person, but these defendants sel ;

say they believe that the said Mr. H. did apply to the said D. M. to But believe that

advance the ad valorem duty on the hitended conveyance, and that ^^ m^ 'Jo a*Ilva°nce

the ad valorem duty amounted to the sum of £90, and was ac- the ad valorem

cordingly on the day of paid by the said D. M. to the accoiring^iy did. *

said Mr. H., but whether such application by the said Mr. H. was

in consequence of such expectation as aforesaid these defendants

IG

ANSWERS.

Do not know
wliether any ob-
jections to the
title were re-
moved to the
satisfaction of
counsel ;

But believe that
the draft con-
veyance was re-
ceived from him
by R.W. ;

And that it was
the opinion of
counsel that a
good title could
not be made,
unless the ob-
jections were sa-
tisfactorily an-
swered, and that
the draft was
sent in the ex-
pectation that
K.W. would be
able to sup|)ly
the defects, but
that it was not
intended to be
executed until
th« objections
were removed.
Do not know
whether the re-
quisitions made
by counsel were
submitted to
D. M. but be-
lieve that he
never waived
any objections
to the title ;
Keasons for such
belief.

Do not know
whether U. \V.
left the draft
with Mr. H. nor
whetlier he ap-
proved thereof
on behalf of
T. P.

aro unalile to set forth as to their belief or otherwise ; And these
tlefcndants severally say they do not know and cannot set forth as
to their belief or otherwise [ ivhether W. returned to L., and H. re-
signed the business and jiaid oi^er the .£90 ] ; And these defend-
ants further say they do not know and cannot set forth as to their
belief or otherwise whether or not the principal or any objections
which had arisen on the title of the said J. N. and of the said com-
plainant T. N. were ever removed or answered to the satisfaction of
the said R. G. B., bit these defendants say they believe it to be
true that at or about such time as in the said bill mentioned
the draft of the conveyance of the said estate and premises was
received by the said R.W. from the said R. G. B. with some very
important requisitions as to the title which had not been then
supplied, and that it was the opinion of the said R. G. B. that a
good title could not be made unless the different objections which
he had discovered in and to the title were well and satisfactorily
answered, and that the draft of the intended conveyance was sent
by the said R. G. B. under the expectation that the said R.W. as
the agent for the vendors would be able to supply such defects, but
without any intention that the said conveyance should be executed
by any of the parties until the objections which had been raised by
him were satisfactoi ily removed ; And these defendants say they do
not know and cannot set forth as to their belief or otherwise whe-
ther the said R.W. or any other person by his order or direction
did or not submit such last-mentioned remarks and requisitions or
any of them to the said D.IM. for his consideration, or whether the
said D. M. did or nut consider the same, but these defendants say
they do not believe that the said D. M. ever waived all or any of the
objections to the title which had been raised by the said R. G. B., op
that he accepted the title of the said J. N. or of the said complainant
T. N. or either of them, or that he testified his approbation of the
said or any other draft of conveyance ; And these defendants say
that it is very improbable that being himself no lawyer, and having
consulted a conveyancer for the purpose of having a safe and market-
able title to the said estate and premises, the said D. M. should on
his own responsibility have waived objections which by the said
R. G. B. were considered material and necessary, to the title of the
said estate and premises so agreed to be purchased by him ; And
these defendants s^ay they do not know and cannot set forth as to
their belief or otherwise whether the said R.W. or any other person
by Ids order or direction did or not leave the said or any other draft
with the said Mr. II. or with any other person in his service op
employ, or whether the said Mr. II. did or not approve thereof oa

.ANSWERS. 17

behalf of the said T. P. the mortgagee, or whether the said dl-aft

was or not approved of by all such other persons as are in the said

bill mentioned or any of them ; And these defendants further say Believe that cer-

they believe it to be true that such indentures of lease and release f^'" '"^'''f "rf* of
•^ _ lease and release

and assignment of such respective dates and made between such were cnjjrossed
persons as in the said bill mentioned, were engrossed from the said sud/persons aJ
draft of conveyance, and executed by such several persons as in iu tiie bill stated;
the said bill stated, and that the said T. F. married about such time And that T.P.
as in the said bill stated, and that from such circumstances as therein ^i"^^ \^^]f J^.^.
mentioned, the said Mr. H. had reason to doubt his sanity, and that son to donht the
he thereupon thought it adviseable to defer procuring the execution a„(] deferred pro-
of the said indentures by the said T. P. until he thought that the ciniug tiie exe-

•J m T. 1 1111 f"t">n 0^ the

said i. Jr. was competent to execute the same, and tliat shortly dee<is by him.

afterwards a commission issued to inquire of the lunacy of the said That a commis-
T. P., and that there was considerable difference of opinion among issued against
the jurors, and that the said T. P. was returned by twelve of the '^- ^f
said jurors to be a lunatic, in such manner as in the said bill stated, {,,"„ i!,atie Vv t"!?)!
and that such return has since been declared insufficient by this jurors was after-
honorable court ; And these defendants further say they believe it insutiieient.
to be true that such other commission as in the said bill mentioned Believe that an-
was issued to inquire of the lunacy of the said T. P., and that the "slued ^Tiid'thaT
inquisition found in such manner as in the said bill mentioned, 'he inquisition
and that several proceedings have taken place in the matter of i^m stated.
the said lunacy respecting the custody of the estate of llie said
T. P. ; And these defendants severally say they believe that on Believe that on
the 14th of February 1821 the said D. M. was prepared to pay his j^.^i d.m' ''

was

purchase-money for the said estate, and offered to pay the same pi^-paied to pay

upon the sale being completed on behalf of the vendors, and money ;

that they being unable to complete, the said D. M. by the advice

of the said R. W. deposited his money in the bank mentioned in And by the ad-
,^ 1 -Ti o • 1 1 1 • 1 . 1 • • ^''*^6 of H.W. de-

the bill, tor security, where the same lay without producing in- posjicii the sane

terest, it being understood that the purchase would be immediately m a hank wiieie

1 11-1 1 c A ior>i I ^^ ^''>' "iiJ'0"t

completed, but that nevertheless in the month of August 1821 tue producin-; iute-

vendors were not in a situation to complete the same: And these 'e>t, on the un-

i ' _ ddstanihiii; tiiat

defendants further say that in the said month of Augubt tlie difficul- tlie purchase was
ties in the completion of the title to the said estate were as these .",j./^ comph ted,
defendants believe still unremoved, and the property had become lj"t 'I'at in Au-

, . . • 1 T^ T»ir 1 1 1 1 };ust tile vendors

greatly deteriorated since the said D. iVl. had agreed to purchase y^eie not in a

the same, and that the said D.M. was put to very great incon- situation to com-

venience by the delay on the part of the vendors in completir.g the jj,.,^ ,|,e difj-,.

sale, not only by the loss of interest on the purchase-money, but cnliies were ilun
, ; . , . p . . , 1 • 1 1 • 1 unrcniovecl. and

by losing the opportunity or improving the property which he might the progeny had/

have done if the sale had been completed, and also by his in- '>e«o've g't«"y
Vol. II. B

/

18

ANSWERS.

that D. IM. was
put to great in-
convenience by
the delay, and
stating the cir-
cumstances under
which tiie defend-
ants believe that
D. M. wrote to
R.W. the letter
stated by the de-
fendants.

Jielicve from the
letter next stat( d
that D. ]\I. had
been assured that
the sale should
be immediately
con)pleted.

ability to grant a lease of the property to the tenant in possession,
who was willing to have taken a lease, but being unable to obtain
the same quitted the estate, and under the circumstances afore-
said these defendants believe that the said D. M. on the 1st of Au-
gust 1821 wrote and sent to the said R.W. as solicitor for the
vendors, a letter to the purport or effect following, ( that is to say ) :
*' Dear Sir. — You can have no conception of the deterioration of the
value of E. by the delay in making the conveyance for so long a
period after what was agreed upon, and unless I can have a title by
the 13th instant, I must give up all intention of purchasing" &c. &c.
As in and by such letter if produced to this honorable court would
appear; And these defendants further say they believe from the
letter next hereinafter stated, that the said D. M. had been assured
that the said sale should be immediately completed on the part of
the vendors, and that he therefore waited for some time in expec-
tation ihereof, but that such expectation not being fulfilled, he wrote
and sent another letter to the said R.W. bearing date on or about
the 25th of September 1821, in the words or to the purport or effect
following, (that is to say) : [bei?}g a letter uhich communicated the
difficulties in the iimij of completion^ and stated the loss which he
was sustaining by getting no interest for his money Sfc. Sfc. and
stating that if not completed he must give it up. ] As by such letter
Believe that the ^^ produced would appear ; And these defendants severally further

vendors were sa- say they believe that the vendors were satisfied that they were not

tisfied that tliev ... . .

could not compel in a situation to enforce against the said D. M. the performance of

the said contract, and that they were willing therefore to make a
new contract with him or to modify the old contract, and that they
entered into a negociation with him for that purpose, and that the
said D. M. being urged as to the sum which he would think a rea-
sonable deduction from the sum of cfSOOO Avhich he had originally
agreed to give for the said estate and premises, wrote and sent to
the said R.W. a letter bearing date on or about the 1st of October
1821, in the words &;c. \^behig a letter, which from its language
gave a coluuring to the defence here set up; that a new treaty teas
on foot, and required the execution of an agreement, and j)roposing
terms the same in substance as the memorandum hereinafter men'
tioned and required immediate possession ; but if these terms were
not complied wit'/, that he relinquished all intention of jmrchasing.^
As by such letter &c. &c. ; And these defendants say that several
letters passed between the said D. M. and the said R.W. respecting
the arrangement so proposed by the said D. M., and that after some
discussion the said R.W. on behalf of the vendors and by the ex-
press authority of the said J. N., acceded to the terms so proposed

a specific per-
formance, and
were willing to
make a new con-
tract or to mo-
dify the old one,
and entered into
a negociation for
that purpose ;
And that D. M.
Jieing urged as
to tlie deduction
he rcf|uiie(l,
wrote to R.W.
tlie letter next
stated.

That several
letters passed
between D. M
and R. W. re-
specting the
proposed ar-
rangement ;

I

ANSWERS. 19

by the said D. M., and wrote and signed and sent to the said D. M. And tliat R. w.
a letter dated the 17th of October 1821 declaring such acquiescence; vI'mTors acceded
And these defendants further say that the said 11. W. at a meeting to the tcims pro-
which took place at the house of the saidD.M. and as the autho- a letter declaring
rised agent of the said J. N. and of the said complainant, drew out such acquies-
a memorandum of the a<yreement to be entered into between the ^, , ^ ,,^
said D. M. and the said J. N. and the said complainants, according at a meetin-,' at
to the terms so arranged as aforesaid, the particulars whereof were ^- '^'- * ^om^^,

o ' i diew out a me-

as follows, (that is to say): " .£500 to be allowed to Mr. H. out morandnm of
of the purchase-money for the non-completion of the purchase; — tlfe^term"'^ ar-
that Mr. M. should be entitled to the hiterest of .£7500 the re- ranged between
mainder of the purchase-money from the 14th day of February
1821 till the time he takes possession of the estate or enters into the
receipt of the rents, after the rate of 5 per cent. ; — that Mr. N. shall
be entitled to such interest as the purchase-money may have made in
the bank, and also to the rent of the estate to be calculated from
the 14th of February 1821 to the date of the agreement when en-
tered into, from which time Mr. M. is to enter into possession and to
receive the rents ; — that Mrs. N. shall be entitled to such interest as
the purchase-money shall hereafter make, until the sale can be com-
pleted, and the purchase-money shall either be invested in the bank
or on government securities as Mr. M. and Mrs. N. may agree on."
As in and by such memorandum if produced would appear ; And Relieve tJiat

these defendants severally further say they believe that the said . • ""f'p'took

•^ J J to prepare a for-

R.W. as solicitor for the vendors, undertook to pre})are or to have mal deed of de-
prepared a formal agreement and declaration of trust by way of |,/p^Q,'i""^,"jjj*^'"^*
deed in conformity M'ith the said memorandum, but tliat the same ^^'t'> t''« said

IP . ,. , ^- X 1 1 nieniorandum,

was not prepared tor some tune arter such meetuig took place as but when pre-

aforesaid, and that when prepared, it differed in most essential par- \"^^^*^ 't ditlered

. * «i most essential

ticulars from the memorandum on which it was to liave been founded, paiticniars, and

and that under such circumstances the said D.M. refused to execute V'^^J^' ^^'' ^'^^

iiised to execute

the same, and on or about the 5th day of November 1821 wrote and tlie -^ame, and
sent to the said R.W. a letter in words and to the effect following ; fi/e^ieu^,. „'e^t
(that is to say), " Dear Sir. — I received your's with draft agreement stated.
proposed to be executed, and began ])y making a short interlineation,
but reading further I found tlie whole quite tliiferent from our agree-
ment, which you will see by a perusal of my letters of the 1st, 10th,
and loth, all addressed to you; and with resp(;ct to iiaving the title
uncompleted for two years and then subjected to be annulled is *

most unreasonable, as it would bind me from either leasing for any
length of years or improving the property, or by doi:ng so, sub-
jecting me to suffer great loss of interest and outlay, which are terms
so different to our original agreement that I can see no possibte

B 2

20 ANSWERS.

prospect with any safety to myself of ever acconiplisliing the pur-
chase, I must therefore again declare myself off from so uncertain
and hazardous an attempt to purchase E., as I have already ex-
pressed in my letters as above stated ; indeed by what Mr. B- last
says, it does not appear that Mrs. N. has any right to sell under
any such incumbrances and uncertainties as she unfortunately labors
Say they are en- under." As in and by such letter when &c. ; And these defendants
to whefheT d!m! further answering say they do not know and cannot set forth as to
made any com- their belief or otherwise save as hereinbefore mentioned, whether
R.'w'r'arin the the said D. M. did or not inform the said R.W. to such effect as in
bill stated or ^j^g s^^j^j l^j^ mentioned, or whether he made any other communi-
otherwise, and as /,,,., i • i t^ ttt it i • i t xt

to applications cation of the like nature to the said li.VY., or whether the saiclJ.JN.

"iid'^^the* otiier ^"^^ ^^^^ ^^^^^ '^' ^ * ^^' ^^^ other person ever made any such appli-
defendants. cations requests or offers to the said D. M. and the other defendants

thereto as in the said bill mentioned ; And these defendants say they
do not know and cannot set forth as to their belief or otherwise,
■whether the said J. N. and the said complainant T. N. or either of
them have been always or at any time anxious to procure such con-
veyance and assignment as in the said bill mentioned. [ T//en fol-
lowed answers to interrogatories relatirig to T. P. the mortgagee.^
Submit whether And these defendants submit to this honorable court whether the
into a valid a-'ree- said D. M. did or not enter into a valid and binding agreement for
nient for pur- ^|^g purchase of the said freehold and leasehold estates ; And these
Sav they are en- defendants severally further say they do not know and cannot set
tirely isjnorant as forth as to their belief or otherwise, whether the lease under which
one J. I). fintheV J. D. in the said bill named held the whole or any part of the es-

ti.an they believe ^^^^ ^^ r ^^ ^^ w/tei//er D.'s lease was delivered to D. M. and whether
that D.iM. had ■-

treated with him he treated with him for a renewal, ] further than these defendants
as to his continu- i^gijg^g ^i^^^^ the said D. M. before he abandoned the said purchase
had entered into some treaty with the said J. D. for continuing him
the tenant of the property in case the said D. M. became the pur-
chaser thereof; And these defendants further answering say they
believe it to be true &c. [that D.l\I. agreed to take timber at a
valuation, but they do not Jcnoiv whether according to j^orticulars
of sale and answering the interrogatories to this point.^ And these
Do not believe defendants sevei ally further say they do not believe that the said
that i) IM with- J) Tyi^ ^jj^j witlulraw the said sum of ^8000 out of such bank as in

drew tiie ^t 30 H>

out ot the bank, the said bill mentioned, and on the contrary these defendants believe
u'an^bel'i'p^ve that that such money was lying in the hands of the said bankers in the

the sain- was in nionth of when they failed, and that a heavy loss was sustained

baiKiAt the tini- by the said D. M. in cons^equence, and that the money produced no

ot li.eu tailuic. jj^terest while the same lay in the hands of the said bankers ; And

these defendants further answering say they admit it to be true

ANSWERS. 21

that the said D. M. did duly make and publish his last will and testa- A.tmit d. M.'s

.... , , 1 • 1 i will, and the

ment in writing, executed and attested m such manner as to ])ass p,.oi,ate tiiereof

real estates by devise, of such date &c., and that the said will con- ^y f'e defeud-

. , . , ants,

tained such devise &c., but for their greater certainty as to the said

will and the contents thereof, these defendants crave leave to refer

to the same or the probate thereof when produced, [admission of

testators dying without revoking — proof,] and that they have pos- And that tliey

sessed themselves of the said testator's personal estate or some part personal estate

thereof, for which in case this honorable court should be of opinion for which tiiey are

' _ 1 /• 1 leady to account,

that the said complainant T. N. has any claim, then these defend- but are unable to
ants are ready to account to the extent of their several and respective ^|^^^^,^ p^e'i-rollal es-
receipts and payments in respect thereof, but whether such personal tate is more than
estate is much more than sufficient to pay and satisfy all the debts ^n debts,
legacies and funeral expenses of the said testator these defendants
not having yet obtained all the accounts of the persons to whom the
said D, M. was indebted cannot set forth ; And these defendants
further say they believe it to be true that the said J.N. departed this Admit the death

,.p 1 , . • 1 • 1 1 Ml • II 1 >.i- of the niaintifi

hte at or about such time as in the said bill mentioned, but whether j ^ but not her
or not she made and ])ublished her last will &c. or of any other date ^^''^ ^nd codicil

• • 1 r XT T 1 thereto, or that

or to any other purport or efiect, or whether the said J. IN. did or the executors re-
not appoint such persons as in the said bill named executors of her """",at'tlfe'^p'lai^n-
said will, or whether she ever revoked her said will except so far tiff T.N. has ob-
as the same is revoked by the said codicil, or whether the executors administration.
in the said codicil named renounced the probate of the said will
and codicil and declined to act in the trusts thereof, or whether
the said complainant hath obtained such letters of administration as
in the said bill mentioned to be granted to him by and out of such
court as therein mentioned, and is now the legal personal repre-
sentative of the said J. N. deceased, these defendants severally say
they do not know and cannot set forth as to their belief or other-
wise; And these defendants severally say they do not know and Say tliey are
cannot set forth as to their belief or otherwise whether or not by m, A^^'harbeeiT'^
such order of this honorable court as in the said bill mentioned the appointed com-

.,-,.,, ., . p. , p, ., niittee ot the es-

said M. A. has been appointed committee ot tlie estate ot the saul taie of T. P.,

T. P., or whether a grant thereof afterwards passed the great seal

of Great Britain accordingly, or whether the said M. A. as such o'" .w'-i<^t'ier he

claims the Itina-

committee aforesaid, claims to be entitled to all the estate antl in- tic's intenst in
tcrest of the .said T. P. of and in the alore^aid mortgage and the j!,',*;.;!"'!'^"''"'' **"'
licreditameatis and i)reinises included therein; And the;ie defend- and submit thatas
ants submit to this honorable court that under the circumstances vva'sniade binding
hereinbefore mentioned, and inasmuch as if any suth agreement "l>'>" D-M. the

I 1 • I- >ame was ai).in-

as mentioned in the said bill was ever so made as to be binding doued, the piam-
upan the said D. JM. which these defendants do not admit, the same ''^.'^ ;"*^ '"'^ ^"-.

' _ _ . titled to tile lelift

was afterwards in the manner hcreinbci'urc mentioned waived and prayed,

22

ANSWERS.

abandoned, the said complainants are not entitled to any such relief
as is prayed by the said bill against these defendants ; but if this
honorable court should be of opinion that these defendants as re-
presentatives of the said D.M. are bound upon any terms to complete
the said purchase, then these defendants insist upon the benefit of
the agreement subsequently made between the said D. M. and the
vendors, the terms of which are expressed in the said D. M/s
letter of the 1st of October 1821 ; And these defendants further
say they are advised that the said complainant cannot make a good
title to the estate and hereditaments hereinbefore mentioned, and in
the event of their being compelled to purchase the said premises
they pray a reference to one of the Masters of the court to inquire
into such title; And these defendants deny &c. [see sect. IV.
antea, p. 7.]

Or lliat if the
defendants are
bound to coni-
plt'te, tlien they
insist upon the
benefit of the
second agree-
ment, according
to tlie terms of
D.M.'s letter of
the 1st October,
1821;

And say they are
advised that the
j)hiintiff cannot
make a good title,
and in the event
of being com-
pelled to pnr-
chase, they pray
a reference to

the Master to in-

•inire into the
title.

* VI. Answer of one of three trustees for sale, defendants to a
bill by a purchaser seeking to set aside the contract, the
defendant insisting that although the incumbrancers on the
estate are numerous, and that a recovery ivhioJi had been
previously suffered was in dispute in another suit, yet that
the defendants are able to procure a good conveyance to be
executed to the plaintiff, and that he ought to be com-
2)elled to complete his contract ( 24 ).

[ Answer of defendant C. V. — For the form of title
and commencement, refer to sect. I. and II. p,\,

and o. ]

Saith that he aid Salth that defendant, together with M. A.T. and S. T. S. the two
bSng du\7'ion-'' ^^^^^^' defendants to the said bill, having been as they were advised,
s! ltd led trustees duly Constituted and appointed trustees for the sale of the heredita-
vas^enured into "^ents and premises in the said bill mentioned, and believing that
and an agreement they liad a good right and authority to sell the same, and that thev

conclu'led for i i ,

sale of certain could execute or procure to be executed a good and sufficient con-
veyance thereof in fee-simple to a purchaser, and being desirous
therefore of executing their said trust, a treaty was accordingly in
or about the month of July 1821 entered into between defendant's
s;iid co-trustees or one of them and the said plaintiff, and an agree-
ment was afterwards concluded between them for the sale of the

estates to the
plaintiti';

(24) This is one of the answers stated antea, vol. i. p. G67.

ANSWERS. 23

said hereditaments and premises to the said plaintiff at or for the
price or sum in the said bill mentioned; and the said agreement was And that the
thereupon reduced into writing, and defendant admits signed by (^^"ced Tnto wr'it-
the said M. A.T., S. T. S. and the said plaintiff, and was as de- ing and signed,
fendant beUeves in the words and figures or to the purport and ^Jl]\.ct stated iii
effect in the said bill mentioned, as far as the same is therein set t'^e bill.
forth, nevertheless defendant for his greater certainty craves leave
to refer to the same when produced to this court ;

Saith that the said ao-reement so sii^ned was sent to defendant for Saitli that such
his approbation and signature, and defendant did accordingly ap- sent*to' hUn Tor
prove of and sign the same subject only to a few marginal notes his signatme,

, , o ^•n • • ^^ ^ ■ ^ and which lie

thereon by way of quahfication on certam collateral pomts as to accordingly
costs and the extent of the covenants to be entered into on the signed.
part of defendant and his co-trustees, as by the said agreement when
produced, and to which defendant for his greater certainty refers,
when produced, will more fully appear ;

Saith that except as aforesaid he did not personally act in such Saith that he did
treaty of sale of the said premises to said plaintifi; such treaty i'n\f,e' 'treaty^ ''''^
having been carried on in the county of Y. by his co-trustees there,
and defendant residing in London and not having interfered in the
contract any further than by some previous correspondence with his
co-trustees, and by testifying his approbation of and subsequently
signing the contract, neither did defendant pretend or allege himself
to be in the said month of July or at any other time seised of or
otherwise well entitled for an estate of inheritance in fee-simple to
the manor and other hereditaments in the said bill mentioned, or
that he and the said other defendants could shew and make out a
good clear marketable title to the said premises, or that they had
good right and authority to sell the same, and could execute or
procure to be executed a good and sufficient conveyance of said
hez'editaments free from all incumbrances except as in the said bill
mentioned, or otherwise except as aforesaid ;

Saitli that except as he is informed by the said bill he is wholly Saith that he is

unable to set forth whether or not the said plaintiff was at the time in ""^'^''^ to state

'^ wliether the

the said bill mentioned anxious to purchase a residence and estate in plaintiff was

that part of the country where the said manor and other heredita- f.i!!!lp"f r,'*!,i?"!^I

ments were situate, or whetiier or not he relied upon such alleged "»' whether he

, ^ • I • 1 1 -11 -11 1 11 lelied on the

statements as are ni the said bill mentioned to liave been made by statemoius ai-

this defendant's said co-trustees ; '^'S^^ '" '*'«-* l>'"-

Denies that he ever made any such statements to the said plain- Denies !i living
jjfp. made any such

t' • r 1 1 T • Statements.

oait/i that he believes it to be true that two parts cf the said Believes that
agreement hereinbefore mentioned were prepared, and that one of '^"" l'^''^" "*

•24 ANSWERS.

the agreement sucli pai'ts was taken and kept by defendant and his said co-trustees,
and that one\v'as ^^^ ^^ ^'^^^ i" their power, but whether or not defendant signed both
taken by the de- parts of the Said atjjreement he does not recollect, and except as he

teinhmls, but is . . i • i i -n • in i i n -i i.-

unable to Mate IS iniormed by the said bill, is wholly unable to set lorth as to tiis

^V,"""'^' the belief or otherwise whether the other part of said aorreement was
ether was taken _ ... .

by the plaintiff, taken and kept by said plaintiff or is now in his possession ;

Has been in- Saith he does not know but has been informed and believes that
freTcrth^u'L t^uTl ^ ^^^^^ *^""^ ^"^^ correct abstract of the title of defendant and his co-
abstract was trustees to the said manor and hereditaments was delivered to plain-
tiff and that he tiff or his solicitor within one month or thereabouts from the date

has approved of of the said contract, and that such title has in fact been approved
tiie title. ...

of by or on the part of the said plaintiff;

Saith that except Sctith that except as aforesaid and except that he has been in-

ili^fo; nieT a^^To formed and believes that in the first instance an abstract of the title

three abstracts to said estate as deduced unto F. M. T. the owner was sent from L,

knovvs not whe- to the Solicitors at Y. employed by the said defendants M. A. T. and

Thcr a partial S. T. S. on the 7th day of July 1821, and that a second abstract

ab'^tract only '' .

was ckiiveied as Containing an account of the incumbrances on that estate was sent
bm? " '*'^ fromL. to the same solicitors on the 11th day of the same month
of July in the same year, and that a third abstract of the title to the
S. estate being part of the trust hereditaments, was delivered to
the said solicitors atY., and were delivered by them to the said
plaintiff or his solicitor, he is unable to set forth as to his behef or
otherwise whether or not on the 12th day of July last, or at any other
time, a partial abstract only of the title-deeds relating to parts of the
said hereditaments comprised in the said agreement was delivered
to the solicitors of the said plaintiff, or how otherwise, or whether
it was not on the 19th of the same month and not before that an
abstract of other deeds relating to the same part of the said here-
ditaments or any other pirts was delivered to the solicitor of the
said plaintiff, except as aforesaid ;
Dof^s not believe Saith that he does not believe that any of the deeds material to

tli:-.! ii'jy material i-i i • -i • -ii pi-i

(fc'.ds were omit- the title to the saul premises are omitted to be set forth m the

^'^'^'- same ;

P.elieves that Saith he has been informed and believes that said F. M. T. in his

another suiTe'n- answer in the suit in the said bill mentioned, has endeavoured to

deavotired to impugn the validity of a recovery suffered by him and his late father,

j!'i;tv%.i' a leco- ^^ *he Said hereditaments and premises, but defendant saith he

\<iysiitteied of verilv believes that such recovery was duly and properly suffered,

the estates sold, ^\ . • , , i- t p , / ,

hut believes that and tliat except as aforesaid the validity ot the same or of any other
hv.cXi recovery is recovery, or of the deed leading the uses thereof, is not disputed
in the said suit ;

ANSWERS. 25

Suith he does not believe that there are any good or tenable ob- Does not believe

jections to the title to the said manor and other hereditaments com- y^\\^\ objections^

prised in the said agreement, but on the contrary defendant believes ^° ••'*> *'*'^> l^"'

believes tliat the
that such title has been approved of by or on the part of the said title has been ap-

plaintifF. and that defendant and his said co-trustees were in fact at V^^"^^ of on the
*^ . . , . pa>t or the plam-

the time of entering into the said aj^reement and are now seised or tiff, and that the

A e A
well entitled in equity for an estate of inheritance in fee-simple of entUled"to atT

or to the manor and other hereditaments aforesaid. equitable estate

Saith he is wholly unable to set forth as to his belief or otherwise, cannot

except as he is informed by the said bill, whether or not at the time whether plaintiff

of entering into the said agreement hereinbefore mentioned plain- ^f tj,e former**

tiff was aware or had been informed that such suit ( as in the said s"'^ o"" of the
1 11 • -IN 1 1- 1 1 T I- p 1 validity of the

bill is mentioned) was depending, or that the validity oi such re- recovery being

covery as aforesaid was disputed in the manner hereinbefore men- P'sp"tetj, but

•' , ^ , . insists that if he

tioned, but defendant saith there being as defendant believes no was not informed

well founded objection to the said recovery, he submits and insists jt* ^'u^ht not to'
that if the said plaintiff was not informed thereof at such time as prevent the con-
aforesaid (but which defendant does not admit), yet that same completed. *
ought not now to prevent the said contract from being completed ; Admits that the

Admits that the incumbrances upon the said hereditaments and '"cumbrances

t ^ were numerous,

premises are numerous and great, but defendant hath been in- but lias been in-

formed by his co-trustee M. A. T. that the plaintiff was at the time tiff"was 'aware'"*

of entering into the said agreement fully apprized and aware of this ^'^^'^ the property

^ o 1 ■> 1 p \ ^^^ sold to pay

circumstance, and oi the embarrassed state oi the trust property, off the same, blit

and that it was sold for the benefit of the numerous incumbrancers ^.^'^^ not believe
thereon, but tqe amount thereof prior to the date of the conveyance of the trust con-
to the trustees defendants upon trust to sell was not so great as de- amou'n^ed to ^
fendant believes as to exceed the amount of the purchase-money m"ch as the pur-
agreed to be given by the said plaintiff; ^*
Saith he hath been informed and believes that such of the said Believes that
incumbrancers upon the said hereditaments and premises as are eumbranVeVas

necessary parties to make a perfect conveyance thereof to the said are necessary

1 . ^./v. -ii- - • • .1 • parties are willing

piaintift, are willing to join therein; to join.

Submits and insists that he and his co-trustees are able to pro- Submits that de-
cure a good and sufficient conveyance of the said premises to be f'^n'''*"ts are able
1 _•' r to procure a good

executed to the said plaintiff, and that under such circumstances, conveyance to be

and the said plaintiff' having ( as defendi^nt believes ) long since tlm^ the*lj|^nUff
approved of the title to the said estates, he ought not to be re- ongbt not to be
leased from his said contract, but ought to be compelled by the contract,
decree of this court to coniplete the same on his part;

Saith that the said plaintiff did not according to the best of de- Denies any ap-
fendant's recollection and belief make any applications or requests '/nadt' '""^ '^"'''
to delcndant aii in the said bill mentioned ;

26

ANSWERS.

Or that he has
threatened to
commence any
action at law.

Denies that he has tlireatened to commence or prosecute any
action at law against the said plaintiff* for breach of the said agree-
ment or otherwise ; but defendant nevertheless submits that the
said plaintiff is bound to perform the same ;

Denies combination ^c. [see sect. IV. antea, p. 7.]

Admits that tlie
testator made a
nuncnpative will
as stated in the
bill.

Admits his death
leaving two sons
the plaintiff and
another since
dead.

and that letters
of administration
with the will an-
nexed were grant-
ed to the defend-
ant, wiio has pos-
sessed the per-
sonal estate, and
paid debts, &c.

and invested the
surplus, and laid
out the dividends
to accuumlate

VII. Aiisiver of a trustee vnder a nuncupative will who had taken
out letters of administration to the testator ivith his will an-
nexed, submitting to account and claiming allowances for
sums expended in educating and apprenticing the plaintiff.

{For the form of title, refer to sect, I. p. 1.)

This defendant saving and reserving &;c. \^ see form No. 1. p. 3.]
answereth and saith he believes it to be true that W. W. the tes-
tator in the said bill named did on or about the day of

duly make and publish his last will and testament being a nuncupa-
tive will in manner in the said bill in that behalf mentioned, and
that the said will with the signatures in the said bill mentioned is in
such words and figures or to such effect as in the said bill in that
behalf set forth, but for certainty as to the date and contents of the
said will this defendant craves leave to refer to the probate thereof
when produced &c. ; And this defendant saith he believes and ad-
mits it to be true that the said testator departed this life on or about

the day of the same month of , and that he at his death

left the said complainant and W. W. the younger in the said bill
named his two natural sons him surviving as mentioned in the said
bill ; And this defendant admits it to be true that soon after the said
testator's death the said will was in due form proved in the Preroga-
tive Court of the province of C, and that letters of administration
of the goods and chattels rights and credits of the said testator with
his said will annexed were duly granted by the said court to this de-
fendant ; and that this defendant possessed and received all such
parts of the said testator's personal estate and effects as he was able,
and that he hath thereout paid all the said testator's funeral expenses
and debts so far as the same have come to his knowledge and the

said legacy of £ to the saidW.W., and that there remained a

considerable balance of the said personal estate in his hands; And
this defendant saith that he hath laid out all the surplus of the said
testator's personal ebtate which hath come to this defendant's hands,

ANSWERS. ^7

and also tlio dividends and interest thereof from time to time (ex- (except a part
cept some part thereof which hath been applied to the maintenance i'/rt's^ matnte^*"'

of the said comphiinant as hereinafter mentioned ) in the purchase "i^'ice ) in the
^ „ !• 1 1 1 1 ...... P , . tiinds in the

oi o per cent, consolidated bank annuities m the joint names ot this names of plaintiff

defendant and the said complainant, and in consequence thereof the ^"'^ defendant.

sum of £ of the said stock is now standing in their joint names

in the books of the Governor and Company of the Bank of Eng-
land ; And this defendant saith that he hath from time to time laid Saith that he has
out and expended certain sums in the maintenance and education of su'nis7n* edncat"
the said complainant, and hath lately entered into an engagement '"i? the plaintiff
with Messrs. G. W. and P. calico-printers at D. to put the said com- ijin,, " ^

plainant apprentice to them and to pay them the sum of £ as

an apprentice fee for the said complainant, and in consequence of

such engagement the said complainant is now with the said Messrs.

G.W. and P. as an apprentice ; And this defendant submits that he and submits that

ought to have an allowance made to him out of the dividends and thVsame allowed

interest which have arisen from the surplus of the said testator's him.

estate for all sums expended by him for maintenance of the said

complainant as aforesaid and also for the said apprentice fee ; And

this defendant further saith he believes it to be true that the said Believes that the

W.W. the son hath departed this life intestate unmarried and without °nt'eTta*te"and**

issue ; And this defendant submits to account for the said personal without issue,

estate possessed by him, and to transfer the said stock into the name account!"* ^ *

of the Accountant-General of this court as this court shall direct,

but craves to have all just allowances made to him in such accounts

as well in respect of the said maintenance and apprentice fee as

otherwise. Without that &c. [see sect. IV. antea, p. 7.]

T. C. C.

26

ANSWERS.

Admils that the
testator was
seised of real
estates, the de-
scription tliereof
set forth in the
first schedule.

That after mak-
ing his will and
codicil he pur-
chased otiier
estates, and sub-
mits tiiat the
same descended
to tiie defendant
as his heir at
law.

Admits that the
testator was pos-
sessed of personal
estate,

Admits also his
will and codicil,

VIII. Answer of an executor and trustee utider a will to a bill for
an account filed by a legatee; the executor being also heir at
law to the testator, and claiming as such to be entitled td
freehold estates purchased by the testator after maJcing his
■will and a codicil, and denying any republication thereof.
The defendant having misapplied part of the produce of
the real and personal estate, submits to account for the value
of the government securities in which the same might have
been invested, (referring to schedides annexed.)

( For the form of title, vide antea, p. 2, form No. 4.)

This defendant &c. [as i?i form No. I. p. 3, and note {d), ib.^
answerincf saith he admits that the testator S. M. in the said com-
plainant's bill named was at the time of making his will and codicil
and at the time of his death seised or entitled in fee-simple of
and to certain real estates the names whereof this defendant hath
set forth in the first schedule to this his answer annexed and
which he prays may be taken as part thereof; And this defend-
ant further answering saith that the said testator after making
and publishing his said will and codicil, purchased certain other
real estates which this defendant hath also specified in the said
schedule ; And this defendant has never heard nor does he
believe that the said testator ever republished his said will and
codicil or either of them after making such last-mentioned pur-
chases, and therefore he submits such after-purchased lands de-
scended upon him this defendant as the heir at law of the said tes-
tator ; And this defendant further answering saith he admits that
the said testator was at the time of his death possessed of and en-
titled to a personal estate consisting of such particulars as in the
said complainant's bill mentioned and more particularly set forth in
the second schedule to this defendant's answer annexed, and which
he prays may also be taken as part thereof; And this defendant fur-
ther saith he believes that the said testator when he was of sound
and disposing mind memory and understanding duly made and pub-
lished his last will and testament in writing bearing date on or

about in such words and to sucii purport and effect as in the

said complainant's bill mentioned so far as the same is therein set
forth ; And this defendant further saith he believes that the said

testator duly made a codicil to his said will bearing date to

such purport and effect as in the said complainant's bill mentioned,
and that such will and codicil were duly executed so as to pass lands

ANSWERS. 29

of inheritance ; And this defendant further saith that the said com- setting forth the
plainant has in his said bill very shortly stated the said will which this the^^tnie"^ coll- ^'
defendant apprehends admits of some doubt as to the true construe- struction being
tion thereof, and which said will and codicil are in the following *

words, ( that is to say ) : &c. &c. ; And this defendant further saith
that the codicil to the said will was in the words and figures follow-
ing, ( that is to say ) : &c. &c. ; And this defendant further answer- Believes that lie
ing saith he believes that the said testator S. M. departed this life yoking the'wm*

on or about without revoking or altering the said will and ^"^^ codicil.

codicil save as the said will is altered by the said codicil; And this

defendant further answering saith he admits that the said testator left Admits that the

this defendant his heir at law, and the said complainant and the other ^f^"^^'^*^ ** ''*"'

natural children named in the said will and codicil him surviving ;

And this defendant further answering saith he admits that he this

defendant alone proved the said will and codicil in the Prerogative that he alone

Court of the Archbishop of C, and possessed all the personal estate and^possessed tlie

of the said testator to the amount mentioned and set forth in the personal estate,

second schedule to this defendant's answer annexed ; And this

defendant further answering saith he admits that he hath entered and entered upon

upon the said testator's real estates of which the said testator was '^^'^^ received the
* , . . . . . . rents of the real

possessed at the time of making his said will and codicil, and re- estates as set

ceived the rents and profits thereof for such length of time and to ^^^^ 'schedule!

such amount as is mentioned and set forth in the second schedule

to this defendant's answer annexed ; And this defendant further an- Saith that he has

swering saith that since the death of the said testator he hath sold reay*el^tates which

and disposed of the said real estates of which the said testator tiie testator had

was possessed at the time of making his said will and codicil, the making his will

particulars of which and the amount thereof this defendant hath '^^^ codicil, and

set forth in the said second schedule to this his answer annexed ; ed part of the

And this defendant further answering saith that he did employ part Efr ''"^?, '" ^"^'

» r J r filhng the con-

of the money arising from the real and personal estate of the said tracts entered

testator in fulfilling such contracts as the said testator was engaged ^"j^^ ^^^^ *^^

in at the time of his death, and which is accounted for in the said ployed other part

second schedule to this defendant's answer annexed, whereby it

will appear what interest profit or advantage hath been made by

such monies so employed ; and this defendant also employed part

of such monies in his trade; And this defendant further answering Reference to the

. . "^ second schedule

saith that he hath in the said second schedule to this his answer in wiiich is cal-

annexed calculated the amount of government securities which the ^',J,o,f„t 0^20-

said testator's estate come to the hands of this defendant would vernment secn-

have purchased if the same had been by this defendant from time estate possessed

to time laid out in government securities, and fur which this de- ^y ^'"^ defendant
„ J , . , would h —

lendant submits to account as part 01 the personal estate 01 the chased.

30 ANSWERS.

said testator, subject to the demands to which such personal estate

Reference to the is Hable ; And this defendant further saith that he hath in the first

Jn?tJ«!lff "Jn n? schccUile to this his answer annexed set forth a full Uue just and

count of the real particular account of all and every the real estates which the said

the testator was testator was seised of or entitled to in fee simple at the time of

seised ; making his said will and codicil, and of which he continued to be

seised at the time of his death, with the name or names thereof

and of each and every part thereof, and where the same and each

Reference to the and every part thereof is situate ; and in the said second schedule

for^the' p^LTticu- *^^ yearly value thereof and of each and every part thereof, and

lars of the rental in whose tenure or occupation the same and each and every part

' thereof now is and from time to time since the death of the said

testator hath been, and under what yearly or other rent or rents,

and what part of the tinre since the death of the said testator this

defendant hath been in possession or receipt of the rents and profits

thereof and of what parts thereof, and who hath been and for how

long time in possession and receipt of the rents and profits thereof

and of the rents and of each and every part thereof; And this defendant further

received by or for answering saith he hath in the said second schedule to this his

the use or the ®

defendant, and answer annexed set forth a full true perfect and particular account

produ^ce'd°bv^sale ^^ ^^^ ^"^ every sum and sums which have or hath at any time and

of the estates, when been received by this defendant or by any other person or

persons by his order or for his use for or on account of the rents

and profits of the said estates or any part thereof become due

since the death of the said testator, or from or on account of the

and also of the sale of the said estates or any part or parts thereof; And this

sonal estate and defendant further answering saith he hath in the said second sche-

the application dule to this his answer annexed set forth a full true and particular
thereof.

inventory of all and singular the goods chattels and personal estate

and effects whatsoever which the said testator was possessed of
entitled to or interested in at the time of his death, and all the
particulars whereof the same consisted, and the natures kinds quan-
tities full true and real values thereof and of every ])art thereof,
together with such particvdars as have been possess^^ed or received
by or come to the hands of this defendant or of any other person
or persons by his order or for his use, and how and in what manner
and when and where and by whom and to wliom and for how much
the same and every part thereof hath been sold or disposed of;
Believes that the And this defendant sarth he believes that the said consplainant at-
ta?ned*^2i^* ^^' *^"^ed his age of twenty-one years sometime since ; And this de-
Admits the appli- fendant further answering saith he admits that the said complainant
the true construe- ^'^^tli made such applications and requests to this defendant as in
tion of the will the said complainant's bill mentioned j And this defendant fuither

ANSWERS. 31

answering salth that he hath not refused to comply therewith, but heinw doubtful,
as there are some doubts as to the true construction of the said will siro^,"s'^"*act «n-
and several parties entitled to all of whom this defendant is to der the indemnity
account, he this defendant is desirous to act in the premises as
executor of the said S. M. deceased under the directions and in-
demnity of this honorable court.

IX, Answer of an executrix submitting to act under the in-
demnity of the court,

(For the form of title, refer to sect. I. ^;. \.)

This defendant &c. {^see form No. 1. /?. 3.] answering saith she Admits that the

admits that S.W. the testator in the said bill named was at the time !^**''^'"' ^ "* P?^"

sessed oi consi-

of his death possessed of a considerable personal estate, and par- derable personal

ticularly of the several sums in the public stocks or funds in the '

said bill of complaint mentioned ; and that the said testator duly and also his will,

made and published his last will and a codicil thereto of such re- thereto •

spective dates and to such purport or effect as in the said bill in

that behalf stated ; but nevertheless &c. ;

Believes that the said testator did soon after making said will Believes that he
and codicil depart this life without altering or revoking the said Jerin^'his° wiu"
will save by the said codicil, or without altering or revoking the and codicil ;
said codicil, leaving this defendant his widow and such other per-
sons as in the said bill in that behalf named him surviving ;

Admits that she hath duly proved the said will and codicil in the Admits that she
proper Ecclesiastical Court and hath taken upon herself the exe- same^'^and wt-
cution tliereof, and hath by virtue thereof possessed herself of as sessed the pei-
much of the said testator's personal estate and effects as she has denies iiaviu"
been able to do ; And this defendant denies that she ever threatened threatened to sell
to sell or dispose of the said stocks funds and annuities in the said
will and bill mentioned without any regard to the interest of the
said complainants in remainder therein, or hath made any transfer
of the same ;

Submits to this honorable court what interest the said com-
plainants are entitled to in the personal estate of the said S. W.
by virtue of his said will ;

Saith she hath in a schedule &c. set forth a full true and par- Reference to the
ticular account of all the personal estate to which the said testator aI,*ac(!o!u't"of /i*i*e
was entitled at his death, distinguishing v/hat part thereof hath personal estate;
come to her hands or to the hands of any other person or persons

.32

ANSWERS.

And to the second
schedule for an
account of the
appUcation
thereof.

Submits to ac-
count, and to
act under the
indemnity of
tlie court.

for her use, except such sums are mentioned in the schedule herein-
after referred to ;

Saith she hath in the second schedule &c. set forth an account
current hetween her and the estate of the said S. W., and this
defendant hath therein set forth to the best of her knowledge &c.
a full and true account of all sums of money part of the personal
estate of the said testator come to her hands, or to the hands of
any person or persons to her use and of the application thereof;

Saith she is ready and wilHng to account as this honorable court

shall direct for all such parts of the personal estate of the said

testator as have been possessed or received by this defendant, having

all just and reasonable allowances made which she is entitled to as

such executrix ; And in all other respects this defendant submits

to act as the court shall direct, upon being indemnified and paid

her costs of this suit ; And denies combination &c. [ see sect. IV.

antea, jJ- "^O

W.A.

Admit that the
deceased was
possessed of
personal estate ;
also her will, and
the bequest of
the legacy ;

Her death ;

And probate of
licr will by de-
fendant W.M.
who adniits as-

* X. Answer of an executor and of the husband of the plaintiff
to a hill for payment of a legacy — the executor admitting
assets, and the husband claiming to be entitled to receive
the legacy.

( For the form of title, refer to sect, I. p. 2.)

These defendants W. M. and F. H. &c. \see form No. %. antea ^
p. 3.] severally answering say they admit it to be true that M. M.
deceased in the said bill named was possessed of considerable per-
sonal estate, and that she made such will of such date purport and
effect as in the said bill set forth, so far as the same is therein set
forth, and thereby gave to the said complainant the legacy or sum

of of in manner in the said bill mentioned, and nominated this

defendant W.M. sole executor of her said will; but for greater cer-
tainty these defendants refer Sec. ; And these defendants further
severally answering say they admit it to be true that the said tes-*
tatrix departed this life at or about the time in the said bill in that
behalf mentioned, and without altering or revoking her said will}
And this defendant W.M. further answering saith he admits, and
this defendant F. H. saith he behoves it to be true that this de-
fendant W.M. did duly prove the said will in the proper Ecclesi-
astical Court, and did undertake the execution thereof; And this
defendant W. M, admits that under and by virtue of the said wilJ

ANSWERS. 33

he hath possessed himself of the said testatrix's personal estate sets suflTicient to
to an amount more than sufficient to pay and discharge her funeral '"''^ "^ '''^^^^ '
expenses just debts and legacies, and particularly the said legacy of
£ , and that the said complainant hath applied to this defend- also admits the

1 .ji -11 n ^ • ^11 plaintifii ',s ap-

ant to be paid the said legacy or sum ot * so given to her by plications, and

the said will as in the said bill mentioned, and that this defendant ^'s refusal to

pay the legacy

W.M. did refuse to pay the same to her without the consent and without the con-
concurrence of this other defendant her husband, and without Jiefendan'r- ""'^"^
which this defendant is advised and humbly submits he could not
safely pay the said legacy ; And this defendant W. M. further saith
he doth admit assets of the said testatrix come to his hands sufficient
to answer the purposes aforesaid, and is ready and willing and That he is willing
hereby submits to pay the said legacy to such person or persons and °^ ^hl conrt^^i-
in such manner as this honorable court shall be pleased to direct; >ects.
And this defendant F. H. saith he claims to be and humbly insists Claim by F. H.
that he is in right of the said complainant his wife, entitled to j^, "'^''^'^^

receive and be paid the said legacy or sum of £ so given to her

by the said will as aforesaid, and humbly hopes the same will be
ordered to be paid to him accordingly ; And these defendants
deny &c. \^see sect. IV. antea, p. 7.]

E.K.

iacv.

* XI. Answer of the executors of a deceased acting executor,
to a bill of revivor; the defetidants not admitting assets,
not knowing iv/iat was due from their testator to the original
testator, but submitting to account.

( For the form of title, refer to sect. I. p. 2. )

These defendants &c. [see form No. 2. antea, p. 3.1 severally an- Admit the ori-
swering say they believe it to be true that at or about the time in the »'"'^ ' ^ '
said bill stated R.W. in the said bill of revivor named, exhibited his
original bill of complaint in this honorable court against such parties
as defendants thereto as in the said bill mentioned, thereby stating
and praying to the effect in the said bill of revivor set forth, so far as
the same is therein set forth, and that in consequence of the death
of the said R.W. the said complainant T.W. at or about the time '
in the said bill of revivor mentioned, exhibited his supplemental bill the supplemental
in this honorable court against such parties defendants thereto as '
therein mentioned, stating and praying to the effect in the said bill
of revivor set forth, so far as the same is therein set forth ; And

Vol. II. c

34

ANSWERS.

and the subse-
quent proceed-

Admit the death
of G. R, a de-
fendant ;

Tliat he had
principally acted
as executor, and
that the defend-
ants have since
proved his will,
and possessed his
personal estate.
Believe that the
same is sufficient
to answer what
ininjht be due to
the estate of
T. W. do not
admit the same,
but submit to
account ;

And submit that
tlie suit and pro-
ceedings may
atand revived.

tliat the said several defendants in the said supplemental bill named,
afterwards appeared and put in their answers thereto, and that such
proceedings have since been had in the said cause as in the said
bill of revivor mentioned ; but for their greater certainty neverthe-
less these defendants crave leave to refer to the said original and
supplemental bills answers and other proceedings now remaining
filed as of record in this honorable court; And these defendants
further severally answering say they admit it to be true that before
any further proceedings were had in the said cause, and at or about
the time in the said bill of revivor in that behalf stated, G. R. one of
the defendants to the said original and supplemental bills, and one
of the executors and trustees under the will of the testator T.W.
in the said bill of revivor named, and who hath principally acted in
the trusts thereof, departed this life having first dulymade-and pub-
lished his last will and testament in writing of such date as in the
said bill of revivor mentioned, and thereof appointed these defend-
ants executors ; And these defendants admit that since his death
they have duly proved his said will in the proper Ecclesiastical
Court, and luidertaken the executorship thereof, and are thereby
become his legal personal representatives, and that they possessed
the said G. R.'s personal estate and effects so far as they have been
conveniently able, and these defendants believe ( although they do
not admit the same ) that such personal estate and effects are suffi-
cient to answer whatever might be due from the said G. R. at the
time of his death to the estate of the said testator T.W. if any
thing were so due ; but these defendants not knowing the amount
thereof are advised that they cannot with safety or propriety ad-
mit assets of their said testator to be in their hands sufficient to
answer the same, and these defendants say they are ready to account
for the said G. R.'s personal estate possessed by them or for their
use, in such manner as the court shall be pleased to direct, if the
same should become necessary ; And these defendants further se-
verally answering say they submit that the said suit and proceedings
which became abated on the death of the said G. R. may stand and
be revived against them as such executors as aforesaid, and be re-
stored to the same plight and condition in which they were in at
the time of the death of the said G. R. ; "Without that &c.
[ see sect. IV. anteo, p. 7.]

ANSWERS.

35

XII. Answer of an executor of a deceased executor to a bill of
revivor and supiilement ; the defendant admitting assets.

( For the form of title, refer to sect. I. p. 2. )

This defendant &c. \ see form No. 1. antea, p. 3.1 answerino- Admits the filing
^ ^ ' . . 1 • 1 of^ the onginal

saith he beHeves it to be true that at or about the time ni the said bill,

bill stated the several persons therein in that behalf named exhibited

their original bill of complaint in this honorable court against such

parties as defendants thereto as in the said bill are mentioned,

thereby stating and praying to the effect in the said bill set forth

so far as the same is therein set forth ; and that such decree de- the decree and
1 1 1 Ml p • 11 T 11.1- the sub'^equent

cretal order bill oi revivor and other proceedings were had therein proceedings;

as in the said bill set forth ; but for his greater certainty nevertheless
this defendant craves leave to refer to the said original bill decree
and other proceedings now remaining as of record in this honorable
court; And this defendant further answering saith that A. W. in the The death of
said bill named hath lately departed this life, and that the said A. W. aat ;
duly made and published his last will and testament in writing, His will;
and thereby appointed Dame A. B., R. T. and this defendant ex-
ecutrix and executors thereof, and that this defendant hath since
the death of the said A.W. alone duly proved his said will in the ^"^"^^l that the

_ ._ PiAii-i (-/^ 1-1 11 defendant alone

Prerogative Court ot the Archbishop ot C and is thereby become proved the same,

his legal personal representative, but this defendant doth not know '^','^ cannot slate

nor can he set forth as to his belief or otherwise who is the heir at law, nor wi-.e-

at law of the said A.W. ; And this defendant further saith he doth thTniakin-'-^o^f'^

• not know nor can form any belief whether the said A.W. did or the report pos-

not after the making of the report in the said bill menlioned, receive ^f tjjg 'esui'te of

any sum or sums of money arising from the real and personal estate ^- ^- bnt i<!<>t he

of D. G. the elder the testator in the pleadings of this cause named, any such were

which ought to have been accounted for by him ; but this defendant ^"'^^y ^^^nnniot

saith he admits that he hath received assets of the said A.W. suili- accounted ibr.

cient to answer any such sura or sums of money if it shall appear

that any such were received and not accounted for by the said A.W.

in his life-time ; And this defendant saith that lie is a stranger to the

several other matters and things in the said bill inquired after ; But 4||»

submits that the said suit and the proceedings had therein should ^"^^ snhnni? th-t

1 • 1 • 1 /• 1 - tiie Milt may be

stand and be revived against him this deiendant as such personal ,evivt;d.

representative as aforesaid; And this defendant denies *kc. \_see

sect. IV. antea, p. 7.]

c 2

36

ANSWERS.

Does not know
vvlietlu r the tes-
tator was or not
indebted to the
plaintitr J.C.,

nor whether he
siirned a pioniis-
sory note,

nor whether he
paid off part of
the amount se-
cured l)y the pro-
missory note,
witii al! arrears
of" interest,
jior what amount
is due,

nor whether tiie
testator was or
not indebted to
the plaintiffs J.C.
and T. K. as so-
licitors,

or to J. R. for
money lent,

nor whether he
did or not sisrn
the bills of ex-
ciiaiiiie stated
in the bill,

n^ >hether he
was or not in-
debted to the
plaintiff J. L.
for money lent,

* XTII. Answer of an infant heiress to a hill by simj)le-contract
creditors against the executors and trustees under the will
of her father, tvho had died greatly indebted, possessed of
real and personal estate.

( For the title, see form No. 3. antea, p. 7.)

This defentlant (25) answering saith she does not know and cannot
set forth as to her belief or otherwise whether Z. R. the testator in
the said bill named was or not in his life-time indebted to the said
complainant J. C. in the sum of c£315 or any other and what
sum of money for monies lent and advanced paid laid out and ex-
pended to or for the use of the said Z. R., nor whether for securing
the repayment thereof with lawful interest for the same he the said
Z,R. did or not make and sign such promissory note of such date
and in the words and figures or to the purport or eflPect as in the
said bill stated and set forth, or to any other purport or effect, nor
whether the said Z.R. did or not on the 28th day of April 1821
or at any other time pay off and discharge the sum of £\00
or any other sum of money part of the said .£315 secured by the
said promissory note together with all or what arrears of interest,
nor whether the sum of £o\5 or any other sum of money to-
gether with interest thereon from the 1st day of January last or
from any other time doth or not now remain due and owing to the
said complainant J. C, nor whether the said Z.R. was or not at the
time of his death indebted to the said complainant J. C. and T. R.
or either of them in the sum of £oC> or any other sum of money
for business done and transacted and monies paid laid out and
expended for him or for his use in their business or profession of
attornies and solicitors, nor whether the said Z. R. was or not also
at the time of his death indebted to the said complainant J. R. in
the sum of £o5 for money lent and advanced or in any other sum
of money, nor whether the said testator did or not make and sign
such bills of exchange or promissory notes of such date respectively,
and in tlie words and figures or to the purport and effect as in the'
said liill stated to bear date the 17th day of June 1824 and the 25th
day of August 1824, or to any other purport and effect, nor whether
the said testator was or not also at the time of his death indebted to
the said complainant J. L. in the sum of £Q5 for money lent and
advanced work and labour done and performed and goods sold and

(25) See note (c), antea, p. 3, and note (/), p. 7.
cannot be excepted to for insuiliciency.

An infant's answer

ANSWERS. 37

delivered or in any other sum of money, nor whether the said tes- nor whether he
tator did or not make and sign such bill of exchange of such date 5,'^.!, o'ther^'biU
and in the words and figures or to the purport and efiect as in the of exchange as

• 1 1 • t 1 -11 1 1 1 1 oi 1 p r 1 100/I stated in the bill,

said complamants bill stated to bear date the ou day 01 July 10^4-, |)„t believes that

or to any other purport and effect ; but this defendant further '"^ ^^'^'^ indebted

•> I i ' to various per-

saitli she hath been informed and believes that the said testator was sons ;

indebted to various persons on specialty and simple contract at the

time of his death ; And this defendant further answering saith she

admits that the said Z. R. departed this life on the 16th day of admits his death;

April last, seised and possessed of or otherwise well entitled unto

very considerable real and personal estate, and that he made and

published his last will and testament in writing of such date purport and his will ;

and effect as in the said bill mentioned and set forth, so far as the

same is therein set forth ; And this defendant further saith she leaving S. R. his

admits that the said testator departed this life as aforesaid leaving ^etVndant his

his wife S. R. the mother of this defendant and also a defendant in heiress at law;

the said bill named, and this defendant his only child and heiress at

law ; And this defendant further answering saith she hath been in- Believes that

formed and believes that the said S. R. together with M. C. D., ^{^^.^Q („|,pr de-

A.K. and R. D. three other defendants in the said bill named and tendauts proved

also trustees and executors named in the said will did on ■ duly

prove the same in the Prerogative Court of the Archbishop of Can-
terbury, and take upon themselves the burthen of the execution
thereof: And this defendant further saith she does not know and ^"t cannot state.

-, , , , ,. p 1-11 1 -1 whttiier Iheyen-

cannot set lortli as to her behet or otherwise whether the said tered into posses-

Z. R., M. C. D., A.K. and R. D. or any or either of them have or f""^ «<" ^i'*^ t^^^^'
' ' J _ tor 3 estates ;

hath or not also as such trustees and executors named therein en-
tered into possession of the said testator's freehold copyhold and
leasehold estates and receipt of the rents and profits thereof, nor or possessed his
whether they or any or either of them have or hath or not also pos- l^*^'*""** es a e,
sessed themselves himself or herself of all or any part of the said
testator's personal estate monies securities for money goods chattels
and effects or any of them, nor whether they or any or either of or paid his fmic-
them have or hath or not thereout paid and discharged the said tary expenses;
testator's funeral and testamentary expenses, but this defendant but believes tliat
hath been informed and believes that all the debts due and owing lH^^^^^^ .''*''''^ '*'*'
by the said testator at the time of his death still remain unsatisfied ;
And this defendant further saith she does not know and cannot set cannot sfate as
forth as to her belief or otherwise whether the s;iid complainants tioiis" having
have or not frequently by themselves and their agents made such ^'^^^ made;
applications and requests to the said other defendants as in the said
bill in that behalf stated and set forth, or any other or wlidt ap-
plications ; And this defendant further answering aaith she doth ''o''s not admit
* ° the '^ili bemjr

38 ANSWERS.

duly executed, or not admit that tlie said testator's will was duly executed and attested
Vas or>;o\md'*"^ ^^ ^y ^^^^ ^^ required to pass real estates by devise, or that the said
iiiinti ( ye ), and testator was of sound and disposing mind memory and understand-
tiils* upon proof '^^'S ^^ the tiiiie of making and executing his said will, and humbly
thereof. insists that the said complainants ought to be put to due proof

Saith that she is thereof; And this defendant further saith that she is an infant under

an infant, and j|,g ^ ^^ twentv-one vears, ( that is to say ) of the age of three
submits her rights » j j ' \ J ' o ^

to the protection years and ■ months or thereabouts, and humbly submits her

o t le court. rights and interests to the protection of this honorable court.

XIV. Answer of a widow electing to take the bequests made to
her by a will, and to release all interest in the devised estates.

(For ike form of title, refer to sect. I. p. \.)

This defendant &c. \_ see form No. 1. />• 3.] answereth and saith

she believes it to be true that C. B. deceased the testator in the said

bill of complaint named being possessed of a large personal estate

did at or about the time in the said bill of complaint mentioned

Admits the will, duly make and publish his last will and testament in writing of such

and the hequest pjjj.pQj.j ^^^^ effect and Containing such bequest to this defendant as

to the ueicndant ; f >. ^ o i

in the said bill of complaint in that behalf set forth, and that the

said testator appointed such persons as in the said bill of complaint

also a codicil named executors and executrix of his said will ; And this defendant

made l)y the further answering saith she believes it to be true that the said tes-

testator ; =•

tator afterwards and at or about the time in the said bill of com-
plaint mentioned duly made and published a codicil to his said will
in such v/ords and to such purport and effect as in the said bill of
complaint also set forth ; but for her greater certainty nevertheless
as to the said will and codicil and the respective dates purports and
contents thereof this defendant craves leave to refer thereto when
produced; And this defendant further answering saith she admits

his death; that the said testator departed this life at or about the time in the

said bill of complaint in that behalf mentioned, without having in
any manner altered or revoked his said will, save by the said codicil,

pnd that the "''^^ without having altered or revoked the said codicil; and that the

plaintitTs have said complainants have since duly proved the said will and codicil

j>iflved ihe will

and codicil;

(26) It would not be proper to make such achnissions on the part of
an infant, but even if admitted they could not be read against the
iuf;mt. "2 Madd. Ch. Pr. 333.

ANSWERS. 39

m the Prerogative Court of the Archbishop of Canterbury, and
taken upon themselves the executorship thereof; And this defend-
ant further saith she claims to be entitled to the benefits intended claims the benc-
her by the said testator's will, and is ready upon the same being defendant hy the

secured to her according to the directions in the said will contained "''•'> ^"^ offers

1 f T-» • 1 • 1 Ml 1 II 1 -1 1 • .to release all

to release to J.r. ni the said will named all her right and interest m interest in the

and to the premises in the said will mentioned, and for that purpose "i^vi*^" estate.

to execute all necessary instruments or deeds ; And this defendant

denies &c. [see sect. IV. antea, p. 7.]

* XV. Form of ansiver by adult and infant defendants claiming
as next of kin to the deceased wife of the plaintiff, who by
his bill sought to set aside a secret settlement made by his
late wife before her marriage ( 27 ).

fFor the titles see form No. 9. /;. 2.)

These defendants J. B. and M. his wife, H. H., E. H., W. H.,
J. P., and T. P. ( the adults ) now and at all times hereafter saving
and reserving &c. [ as in form No. 2. p. 3, as far as the words
* make answer unto,' and iwoceed thus ;] they these defendants J. B.
and M. his wife, H. IL, E. H., ^V. H., J. P. and T. P. severally
answering say they believe it to be true that the said complainant Believe that the
was for several years previously to the year 1812 on terms of inti- P'^intiff was for
1 /• • 1 1 • • T T»ir V» • • 1 • 1 1 -11 1 y*^^*"* acquainted

macy and iriendship with M. F. spinster in the said bill named, with his wife be-
afterwards M. G. the wife of the said comnlainant, and that a ^"'^ ^^^'"^ '"^'^-
treaty of marriage was for some space of time pending between the that a treaty was

said complainant and the said M. P., which was at length in the said ^^^ .'i""^^ *"°*^

, , pending J

year 1812 concluded and agreed upon between them; and that on

or about the 6th day of July 1813 the marriage between the said and that in tsis

complainant and the said M. P. was duly had and solemnized, but *''f marriage was
„ ' „ . , p . ,. solemnized,

tor what space ot time such treaty oi marriage was pending, or

when in particular the same was concluded and agreed upon, these

defendants do not know and cannot set forth as to their information

or belief or otherwise ; And these defendants J. B. and M. his wife,

H.H., E. H., W. H., J. P., and T. P. further severally answering

say &c. &c. [ Inserting the names of the adults at the beginning of

the ansicer to each interrogatory ^^ And these defendants J. B. and

M. his wife, H.Ii., E.H., W. IL, J. P., and T. P. claim to be en-

(27) See the case of Guddard v. Snutv, 1 Iluss. 485.

10 ANSWERS.

Claim by the titled to the said principal monies and interest jointly with the said
tiVi'eiHointivwUh J"i^^i^t defendants W. P. and J. P. as the next of kin to the said
t!;e infants as the complainant's said late wife, to the total exclusion of the said com-

uext of kin ot the , . , . , . , . , . , • i i mi n j j

dereased's wife plamant s rights as m the said complainant s said bill allegea ; ana
to the niomcs jjj q^^q jj^jg Jionorable court shall be of opinion that they are entitled

settled by her, .,.., . . ^ pi-v-

Chiini bvone de- ^^ ^•"^ ^^^^ principal monies and interest as such next of kin, this

teudant'to have defendant M. B. humbly hopes that this honorable court will
her slwie settled iti "i pi-i

to her separate order and direct her part or share of and in the same monies

"^^' and interest to be settled upon and for her separate use and benefit;

Two of the t!e- And these defendants W, P. and J. P. severally say that they are

fentiants infants, . tit n

and submit iheir mtants under the age ot twenty-one years, and that they severally

interests to the claim such interests in the premises as they are respectively entitled
piotection or the _ , * ^ •' . .

court. to, and submit their several interests to the protection of this ho-

norable court ; And these defendants J. B. and M. his wife, H.H.,
E. H., W.H., J. P., and T. P. severally deny &c. [see form IV,
antea, p. 7.]

* XVI. Part of an answer of the widow and executrix of a deceased
surviving executor; the plaintiff claiming either as adminis-
iratrix or in her own right to he entitled to the share of a
residuary legatee icho ivas supposed to have attained twenty-
one and to have died abroad intestate, — the answer stating a
release executed by the plaintiff and her late husband to the
defendant's late husband as surviving trustee and executor,
and claiming the same beneft therefrom as if pleaded {28).

Sfateme.it of the And this defendant saith that by a certain deed poll or instrument
release. Ji-; -ivriting under the hands and seals (29) of N. P. and the said com-

plainant then the wife of the said N. P. bearing date on or about
the 24th day of February 1800, the said N. P. and the said com-
plainant did in consideration of the sum of ^181 to them paid by
the said J. B. the receipt v.hereof they the said N. P. and the said
complainant did thereby acknowledge and which sum was in fact so
paid, remise release and for ever quit claim unto the said J. B. the
late husband of this defendant his heirs executors and administrators
all and all manner of action and actions &c. and demands whatso-
ever both at law and in equity or otherwise howsoever which against
the said J. B. as such surviving trustee and executor of the said
T. S. they the said N.P. and the said complainant or either of them

(28) See Ld. Red. Tr. PI. p. 3015. 4th edit.

(29) Sec Ltl. lied. Tr. Pi. p. 2(>o.

ANSWERS. 41

ever had, and wliicli they their heirs executors or administrators

■should or might thereafter have claim challenge or demand for or

by reason or means of any matter cause or thing whatsoever ; As

by such deed poll or instrument in writing to which this defendant

craves leave to refer when the same shall be produced will appear.

And this defendant submits to this honorable court whether or Submits whether

not if the said N. B. died under the age of twenty-one years the *''*: P'ai»t«ff is or

_ ° •' •' not entitled as

said complainant as the only surviving grand-child of the said tes- surviving grand-

tator T.S. as the said complainant alleges in her said bill, became *^* '

entitled in her own right to the said share of the said N. B. under or

by virtue of the said testator's will ; And this defendant further answer- Admits applica-

ing saith she admits that applications have been made to her by or on t'o^s having been

the behalf of the said complainant, and also byone W.B. who stated

himself to be the brother of the said N. B. for the purposes in the

said complainant's original and amended bill of complaint mentioned,

and this defendant positively denies that she ever refused to comply Denies having re-

with such applications otherwise than as this defendant alleges, that ^"^^^ \^, co™p'y

.- . 1 1 • , 1- . , , therewith,

she always distmctly stated m answer to such applications that when-
ever satisfactory proof of the death of the said N. B. was adduced,
the executors of the said J. B. were ready to account for the said,
share of the saidN.B. to the persons or person v^ho should be
legally entitled to the same ; and this defendant saith that she hath
always been and now is perfectly wiUing to account for and pay over
the share of the said N. B. of and in the said testator's estate to the
person or persons who is or are by law entitled to receive the same ;
and this defendant submits to the judgment of this honorable court. Submits whether

whether or not the said complainant is exclusively entitled either in **'^ plamtift is or

1 f _ not exclusively

her own right or as the legal personal representative of the said N.B. entiUed either in

to the said share of the said N.B. either in whole or in part, even as administratrix^

though it should satisfactorily appear that the death of the said N. B.

took place at the period in the said complainant's original and

amended bill of complaint stated ; and this defendant submits to Submits that she

this honorable court that by virtue of the said jjeneral release of '* ^^^''^d by the

•' ° release,

the 21th day of February 1800 from her and her said husband to

the said J. B., she the said complainant is wholly barred from making

any claims on the said J. B. or his estate, in respect of the estate of

the said testator T. S., and this defendant craves leave to have the

same benefit from the said release as if she had pleaded the same ;

and this defendant submits to act in the premises as such executrix and submits to

as aforesaid under the direction and indemnity of this honorable »^t ""'•'^'' tl'e di-

•' rection oi tlie

court, and humbly hopes to have her reasonable costs and charges Court,
idlowcd her in this behalf; And this defendant denies &;c.

42

ANSAVERS.

* XVII. Statement hi an answer of the statute of frauds ^ and
chmning the same benefit therefrom as >f pleaded {SO).

And this defendant saith that by an act of parhament made in the
29th year of the reign of King Charles tlie Second, intituled " An
act for the prevention of frauds and perjuries," it is amongst other
things enacted, that from and after the 24th day of June 1677, no
action should be brought whereby to charge any person upon any
contract of any lands tenements and hereditaments or any interest
in or concerning them, unless the agreement upon which such action
should be brought or some memorandum or note in writing should
be signed by the said party to be charged therewith or some other
person by him lawfully authorized ; And this defendant insists upon
the said statute, and claims the same benefit as if he had pleaded
the same.

XVIII. Answer of the lord of a manor zvho had seised certain
copi/hold premises for want of a tenant after the death
of a former tenant.

( For the form of title, refer to sect. I. p. 1 .)

Admits that he is This defendant &c. \ see form No. 1. /;. 3.1 saith he admits it to
lord of the manor, , ^ , , i . i /> i - ^ i c ^ r> ir • i

be true that he tins deiendant is lord oi the manor oi H. m the

county of N., and that I. H. in the said bill of complaint named,

that I. H. was was in and before the month of seised to him and to his heirs

ineniises ^^'''"" according to the custom of the said manor of and in &c. ; And that

tiiat I. H. and on or about the said I. H. andM. A.H. his wife in the said

\vi e surrendered j^jj] ^f complaint also named, conditionally surrendered all their and

tncir estates to _ ' ' -^

s. G. by way of either of their messuages lands tenements and hereditaments holden

b'*ge, pf ^^j situate within the said manor, To the use of S. G. in the said

bill of complaint mentioned her heirs and assigns, by way of security

for the sum of and lawful interest thereon ; And this defendant

that at a court saith that at a general court baron holden for the said manor on or
claiming under a ^^out the day of , and not as in the said bill of corn-
bargain and sale plaint in that behalf alleged, S. C. in the said bill of complaint also
was admitted to ^ , . , , , • n ^ ^ • i i

the same estates, mentioned, was under and by vn-tue or such bargam and sale as m

the said bill of complaint in that behalf set forth, admitted to all
the said copyhold premises so surrendered by the said I. H. and

(30) .Sec Ld. Ktd. Tr. Fl. p. '2G1, 301) ; Bcaiucs on Fleas, 178.

ANSWERS. 43

M. A. H., To hold to her and her heirs according to the custom of

the said manor ; and at the same court an acquittance or satisfaction Satisfaction of

under the hand of the said S. C. as executrix of the said S. G. on the tered on The court

said surrender of the day of was presented and duly entered rolls.

on the court-rolls of the said manor ; And this defendant further

answering saith he believes that at a general court baron holden for Believes that at

the said manor on or about the day of the death of the ^eathoVs?C. was

said S. C. v>^as presented by the homage, and that who was the next presented, and
,.,.,. , , , , . first proclama-

neu' to the said premises was not known, and tliereupon proclamation hq^ nja^g for the

was duly made for any person or persons having right to the said pre- ^^''^ ^^ claim;

mises to claim the same and be admitted thereto ; and at a general

court baron holden on the day of a second proclamation was Second procla-

duly made to the same effect ; and at a general court baron holden for '"^''""i

the said manor on the day of a third proclamation was made and third procla-

• 11 11 1 • 1 • 1 mation;

111 like manner, and uy reason that no person came m to clami the ^^ person claim-
said premises or to be admitted thereto, a precept was issued at such ing, a precept is.
last general court to the bailiff of the said manor, whereby he was ^^ ^g^^g ^^^ p^e.
commanded to seise in the presence of two or more copyhold tenants mises,
of the said manor all the said premises into the hands of the lord
for want of a tenant ; and at a general court baron holden for the and at another
said manor on or about the day of S. T. the bailiff of the certified that he

said manor certified that on the day of then last past he ^^^^ seised the

T 111 premises*

the said S. T. had in the presence of I. C. and T. D. two copyhold

tenants of the said manor entered upon and seised all the aforesaid

premises into the hands of the lord for want of a tenant thereto;

But for his greater certainty nevertheless as to the several surrenders

and other proceedings, this defendant craves leave to refer to the

court-rolls of the said manor or to the copies thereof when produced.

*[ And this defendant saith he is ready and willing to cause a court offers to hold

to be holden for the said manor and to admit as tenant to the said a(i^ni't'^t'i,e"ri"ht-

premises such person as this honorable court shall be pleased to ful tenant on

direct, being indemnified in that behalf and paid his customary fine customary fine ;

on such admission. ] And this defendant saith that he is a stranger

to all other the matters in the said bill of complaint contained ;

And this defendant denies &c. [^see sect. IV. antea, p. 7.]

Observations. — The seisure appears to have been absolute and

not conditional, and if such a seisure be warranted by the custom of

the manor, there seems no reason why the lord should not insist

upon his title under it. In that case the end of the answer in the

place of that part which is between crotcliets *, would run thus: Or thus:—

" And tliis defendant further answering? saith that according to Claims to be ab-

-rii-iri iiri soiutely entitled,

*' the castom of the said nicinor ot il., this defendant as lord or the and submits that

44 ANSWERS.

he onglit not to ** said manor is become absolutely entitled, to the said several pre-
from*^pi'oceeding " "^ises by virtue of the notices and proceedings aforesaid ; And
at law. " this defendant humbly submhs that he ought not to be compelled

*' to admit any tenant thereto or to be restrained from proceeding

" to recover the same by ejectment."

If the custom to entitle the lord be not clear, then the answer

must stand as drawn ; otherwise the defendant may be made to pay

costs.

XIX. Ansiver of the mortgagor to a hill of foreclosure.
( For the form of title, refer to sect. I. p. 1 .)

This defendant &c. [see form No. 1. ^. 3. ] answereth and saith

Admits tlie loan, he admits it to be true that this defendant did at or about the time

in the said bill of complaint in that behalf mentioned, borrow the

the execution of sum of £ from A.W. the elder in the said bill of complaint

curitTe's'^'°'^°^ ^^" "^™ed, and that thereupon such indenture of bargain and sale and
such bond as in the said bill of complaint are set forth, were duly
made and executed by and between this defendant and the said
A.W. the elder, and were of such date and to such purport and
effect as in the said bill of complaint in that behalf stated ; but for
his greater certainty nevertheless as to the sa;id indenture and bond
and the respective dates purport and effect thereof this defendant
craves leave to refer thereto when produced ; And this defendant
further answering saith he admits it to be true that the said A.W.
the death of the the elder departed this life before payment of the said principal-
mortgagee, money or any part thereof; And this defendant further saith it may
whether he left ^^ true for any thing this defendant knows to the contrary that the

A.W. his heir at said A.W. the elder left A.W. the younger in the said bill of corn-
law or made a . i i • i i i i • i i • ■ • -i
will appointing plamt also named Ins eldest son and iieir at law hun survivmg, and

theplaintiti 1 .w. j-jj^j. j^^ jj^j l^j^.gj. j^]y j^^a^jg ^nd published his last will and testament

and A.W. and ... .

L.W. exfcutors, hi writing, and thereby appointed the said complainant T.W. and

pro^eTt'he same ^^^^ said A.W. the younger and L.W. since deceased executors

or whether the thereof, and that the said executors duly proved the said will in the

scended to A.W. proper Ecclesiastical Court, and that the said will did not in any

or as to tlie exe- manner affect the said mortgarred premises, and that the legal estate
cution ot a cer- . , , ^ , • i • , t i^r i

tain deed, or and interest therem descended on and vested m the saidA. VV. the

d" d r' vii <T tl- younger, and that such indenture as in the said bill of complaint
plaintiti G.W.his is stated to bear date &c. was duly made and executed by and
' between such parties and to such purport as in the said Lill of com-
plaint set forth ; and that the said A.W. the younger departed this

ANSWERS. 45

life at or about tlie time in the said bill of complaint in that behalf
mentioned, leaving the said complainant G.W, an infant, his eldest
son and heir at law him surviving, and that he had first duly made orwliether A.W.
and published his last will and testament in writing of such date as Ijpp JJlft^Jn-^tUr^
in the said bill of complaint mentioned, and thereby appointed the plaintiffs T.W.,
said complainants T.W. &c. executors thereof, and that the said whether they'
complainants duly proved the said will in the proper Ecclesiastical proved the will,
Court, and that the said will did not in any manner affect the said
premises, and that the legal estate and interest therein descended or whether the
upon and is now vested in the said complainant G.W., and that the scended to G.W.
said T.W. departed this life soon after the death of the said last-men-
tioned testator, and that thereupon the said complaint T.W. became or whether T.W.
also the surviving executor of the said A.W. the elder, but this de- viving executor of
fendant knows nothing of the said several matters aforesaid save as he ^''*^ mortgagee ;
is informed by the said bill of complaint, and therefore craves leave
to refer the said complainants to such proof thereof as they shall
be able to make ; And this defendant admits that the said principal admits that the

sum of £ or any part thereof hath not yet been paid, and that i7aTnol1je^°naid

the same now remains due and owing from this defendant on the and is still due
security of the said mortgaged premises together with an arrear of ' '

interest thereon from , but this defendant denies that the said denies that the

mortgaged premises are a scanty security for the same, and on the cun yisscan y,
contrary thereof this defendant saith that the said mortgaged pre-
mises ai-e of the value of £ and upwards; and this defendant or that there is

saith that there is no other charge or incumbrance affecting the said brance'^"^ mcum-
mortgaged premises ; and this defendant trusts this honorable court
will allow him a reasonable time for the redemption of the said pre-
mises ; And this defendant denies &c. \_see sect, IV. antea, p. 7.]

* XX. Answer of the execidors of the first mortgagee to a hill
of foreclosure, filed by the assignee of the second mortgagee
{who had obtained possession of the title-deeds and claimed
a priority over the first mortgagee ) agaiiist the infant heir
of the mortgagor, and also against a subsequent mort-
gagee.

( For the form of title, refer to sect. I. p, 2. )

These defendants &c. [^seeform No. 2. p. 3.] severally answering Admit the exe-
say they have been informed and believe it to be true that such c"tian of the
indenture of demise or mortgage of such date between such lOth^Alliy, i8i4j
parties and of such purport or effect as in the said complain-

4G

ANSWERS.

and that the
deeds were de-
livered over to
W. P. by the
testator T. E. ;

do not know
wliether T. E.
sold certain part
of the premises,

nor whether he
paid part of the
pnrchase-money
to W. P. in re-
duction of his
mortgage,
but believe that
the same was
reduced to ^f 400,
and that it was
agreed that the
same sum should
remain on mort-
gage of a parti-
cular estate.

Admit the execu-
tion of a deed
of assignment
to the plaintiff,

and that the
deeds were de-
livered over to
the plaintiff' by
W.P.,

but cannot state
what is become
of them ;

ant's orioinal ( ol ) and amendctl bill of complaint mcniioned to
bear date the 10th day of May 1814 so far as the same is therein
set forth was duly made and executed, l)ut these defendants for
greater certainty crave leave to refer to the said indenture when
the same shall be produced ; And these defendants further say
they believe it to be true that all the title-deeds and writings
relating to the premises comprised in the said indenture of de-
mise or mortgage were delivered over by the testator T. E. in
the said complainant's original and amended bill of complaint
named to W. P. therein also named at the time of the execution
of such indenture of demise, but these defendants do not know
the same of their or either of their own knowledge ; And these
defendants further say that they or either of them to the know-
ledge or belief of the other of them do not know have never been
informed save by the said complainant's bill, and therefore cannot
set forth as to their or either of their belief or otherwise whether
the messuage or tenement in the said complainant's original and
amended bill of complaint mentioned to be situate in &c. was or not
sold and disposed of by the said T. E., nor whether he did or not
pay the sum of ,£600 part of the mortgage-money in th.e said
complainant's original and amended bill mentioned to be due to
the said W. P. out of the purchase-money of such messuage, nor
whether it did or not reduce such mortgage-money to the sum
of ,£400, but these defendants believe that the same mortgage-
money was reduced to the sum of £100, and that it was agreed that
the same sum of c£400 should remain as a mortgage on the estate
called Little C. in the said complainant's original and amended bill
mentioned as therein is alleged ; And these defendants further say
they have been informed and believe it to be true that such inilen-
ture of assignment as in the said complainant's bill mentioned to bear
date the 17th March 18f21 between such parties, and of such date
purport and effect as in the said complainant's original and amended
bill mentioned and set forth so f;ir as the same is therein set forth
was duly made and executed, and that the several title-deeds and
writings relating to the said estate v/ere together with the said inden-
ture of demise or mortgage delivered over to the said complainant
by the said W.P. at the time of the execution of the said indenture
of assignment as in the said complainant's original and amended bill
of complaint is alleged, but vvhether the same title-deeds and writ-
ings are not now in the custody or power of the said complainant or
what is become thereof these defendants do not know and cannot

(31) See note {b), antea, p. 2.

ANSWERS. 47

set forth as to their or either of their behef or otherwise ; And these Admit the death

defendants further severally answering say they have been informed * ''

and believe it to be true that the said testator T. E. departed this

life at the time in the said complainant's original and amended bill

stated having first duly made and published his last will and tes- and his will,

tament in writing of such date purport and effect as therein in that

behalf mentioned and set forth so far as the same is therein set forth,

but these defendants for greater certainty crave leave to refer to the

said will or the probate copy thereof when the same or either of

them shall be produced ; And these defendants further say they

believe it to be true that the said testator left T. E. iun. another de- ^"l*'.'^*!'^.'''^'
„ , 1 -1 1 . > ■ • 1 1 1 7 1 Ml p T.K. his heir at

lendant to the said complamant s original and amended bill ot com- law,

plaint his eldest son and heir at law, and that F. B. and R. U. t'lat F. B. and

R. U» I13.V6 rc-
therein also named have renounced the devise made to them by the nounced the de-
said testator's will, and have duly executed a deed renouncing and ^!*^/? ^''^^ ^"^
, 111. 51 1 disclaimed, and

disclaiming the same, and that the said testator s real estates have that the real es-

descended upon and are now vested in the said defendant T. E. as !^i!f, j'f \f„^„^"
1 .... scended upon

his eldest son and heir at law as in the said complainant s original T. E.
and amended bill is alleged ; And these defendants further say they Admit that the
have been informed and believe it to be true that the said sum of paid, and that
.£400 was not paid to the said W.P. or to the said complainant at the same or some
1 • • 1 • 1 1 • > • • 1 1 1 1 1 -11 P^*"' "'^^'^ interest

the time m the said complainant s original and amended bill men- is still due, but

tioned, and that the same or some part thereof together with some ^""j°* ^*^*^ ^^"^
arrear of interest thereon is now due and owing to the said com-
plainant, but what principal money and interest in particular these
defendants do not know and cannot set forth as to their or either
of their belief or otherwise ; And these defendants admit that by Admit that the
the means in the said complainant's original and amended bill stated come absolute in
the said mortgaged premises became absolute in law in the said com- •^^ ^" ^^e plain-
plainant, and these defendants submit to the judgment of this ho- s„ij,nit whether
norable court whether the said defendant T. E. ought not to pay to T. E. ought not
the said complainant what shall be found to be due and owing to tiff what is due
him for principal-money and interest, and whether for the reasons ^° '"™'
hereinafter stated the said complainant ought to be permitted to have
or enjoy the said mortgaged premises ; And these defendants further Do not know as
say that they or either of them to the knowledge or belief of the other tionsYein^ made
of them do not know have never been informed save by the said to T. E.
complainant's bill, and therefore cannot set forth as to their or either
of their belief or otherwise whether the said complainant hath or not
made or caused such applications and requests to be made to the said
defendant T.E. as therein stated or set forth or any other applications
and requests, nor whether the said defendant T. E. doth or not
absolutely refuse to comply therewith, nor whether the said defend-

48

ANSWER.S.

<int T. E. (loth or not make such pretences as therein stated ; And

Deny that the these defendants deny that the said mortgaged premises are at all
premises are a . -j. p ,i • • i ^ - ^ ^ i ^ ^i • i

scauty security. ^ scanty security for the principal and interest due to tlie saul com-
plainant ; And these defendants further severally answering say that

State the execu- by an indenture of demise by way of mortgage bearing date the

gage by demise' '^^y ^^ 1813 and made between the said testator T. E. of the

^°™ J- E. to one part, and R. P. then of &c. since deceased of the other part,

R. P. for securing t, • •, i i • ., . ^ , n /.r,/^/-w

o£'400. ; -it IS Witnessed that in consideration of the sum ot <*600 sterling

money therein expressed to be paid to the said T. E. by the said
R. P. and which was in fact so paid and the receipt whereof the
said T. E. did thereby acknowledge, he the said T. E. did grant
bargain sell and demise unto the said R. P. his executors admi-^
nistrators and assigns, All that &c. To hold the same unto the said
R. P. his executors administrators and assigns from the day of the
date thereof for the term of 900 years from thence next ensuing
and fully to be complete and ended, subject nevertheless to the pro-
viso in the said indenture contained for redemption of the same
premises and making void the said term of 900 years, on payment
by the said T. E. his heirs executors administrators or assigns unto
the said R. P. his executors administrators or assigns of the sum of

,£800 with lawful interest for the same at or upon the day

of 1814; As by the said indenture nowin the possession oif

these defendants and to which they crave leave to ref^r for greater

certainty as to the tenor and contents thereof when produced will

That default was appear; And these defendants further say that default was made in

made in payment, payment by the said T. E. of the said sum of £800 and interest at

the time in the said indenture mentioned for payment the?eof,

whereby the said estate and premises became vested absolute at Inw

in the said R. P. for all the then residue of the said term of COO

that R. P. died, years therein ; And these defendants further say that the said R. P.

S"lnTlp-'' departed this life on the day of having previously duly

pointed the de- made and published his last will and testament in writing bearing date

trix and execu- ^^^® day of 1812, and thereby appointed them tliese de-

tor, fendants executrix and executor thereof, and that on the day

and that they of 1818 they these defendants duly proved the same in the

prov sam , ^Qj^g^g^-Qj-y Court of the diocese of H. and are thereby become the

legal personal representatives of the said R. P. deceased as to the

that T. E. paid to term and premises; And these defendants further say that the

ofThf Ts'oSr* said T. E. did on the day of pay to these defendants as

with all arrears such executrix and executor as aforesaid the sum of £40'0 part of

nd that the ex- *^^^ ^^^^^ principal sum of £800 so due and owing to the said R. P.

eciitrix of T. E. deceased together with the arrears of interest thereon, and that;

'laso. " M. F, E. the executrix of the said T.E. deceased did after the^

ANSWERS. 49

decease of the said T. E. duly pay or cause to be paid unto these Statement of the

defendants all arrears of interest upon the remaining sum of £400 pi-mr-ipai and iu-

up to the day of 1 820 ; And these defendants further teiest,

say that there now remains due and owing to them as such executrix

and executor as aforesaid upon or by virtue of the said indenture

of mortgage of the of 1813 the principal sum of £100,

together with the sum of £ for interest thereon at the rate

of £5 per cent, per annum from the said 3d day of August 1820;

And these defendants further say they have been informed and that at the time

believe it to be true that at the time of the execution of the said of his niort<'awe

indenture of mortgage bearing date the 3d day of February 1813 I'- 1^- insisted

-P, . . . . . 'ipc'i having the

the said testator R. P. insisted upon having the title-deeds and writ- deeds delivered

ings relating to the said estate called Little C. dehvered over to him, !J,'*^^ ''',1'oml!'"d'

and the said testator T. E. pretending that the same were not then in to do, but after-,

his possession promised to deliver them up in a few days, but that he

neglected to fulfil such pi'omise and refused at any time afterwards

to deliver them up when requested so to do by the said R. P. ; And Deny tliat any

these defendants deny that any fraud was ever intended by the said ^''^"'' ,"?"* '""

, . 1-111 !•• 11 1 tended in not '

R.P. m not havmg such title-deeds and writmgs delivered up to him, having the deeds

or that the same were so left in the hands of the said testator T.E. for '^f^^^^'^^ "P' «'•

that they were

the purpose of imposing upon the said complainant or any other per- left for the par-
son, or of permitting the said testator T.E. to obtain any further o[^^"the 'pi'aint'ili^
sums of money on the security of the said premises ; And tliese de- ^\ permitting

_ - , . 1 • 1 p 1 • -1 11 T. !'". to oi)tain

lendants submit to the judgment oi this honorable court v,hether Anther sums,
they as the legal personal representatives of the said testator R. P. a»<l submit wiie-

- p .1 o -1 .',1 1 , .1 '1 1 tlier tlie defend-

are not tor tiie reasons aroresaid entitled to the said estate and pre- ants are not en-
mises called Little C, and to have the said principal and interest so ^.'^'^'^' ^^ ^ P'"^'"

. '^'^. tereiire to the

due to them as aforesaid paid in preference to the said complainant ; piaimitf,
Or in case this honorable court shall be of opinion that the said Or if not, whe-.
complainant is entitled to the said mortgaged premises and to be paid ^''?/''t^ ""g''t.
all arrears of principal and interest in preference to these defendants mitted to redeem
by reason of the title-deeds being delivered over to him by the said '""'
testator T. E., and which these defendants allege was a fraud by the
said T. E. upon the said R. P., whether they ought not to be per-
mitted to redeem the said complainant, and to have possession of the
said mortgaged premises and of the title-deeds and writings relating
thereto delivered up to them in case the said defendant T. E. shall
make default in payment to the said coin})lainant at the time to he
appointed by this honorable court ; And these defendants deny ik.c.
[see sect. IV. antea, p. 7. ]

Vol. ir.

50

ANSWERS.

Knows not whe-
ther the vicar is
entitled to all
tithes, great and
small, except as
appears from the
answer.

Admits that the
vicarage became
vacant,

Tliat the plaintiff
was duly insti-
tuted and in-
ducted, and soon
after duly quali-
fied himself, and
that lie is entitled
to all such tithes
as former vicars
were entitled to.

Admits that de-
fendant occupies
an ancient farm

XXI. Answer to a bill for tithes by a vicar against the oc-
cupier of an ancient farm ; the defendant asserting that the
farm was part of a dissolved abbey which came into the
hands of the Crown in the reign of Henry the 8th, and was
from tit)ie immemorial held exempt from great tithes ; that
some of the small tithes were covered by moduses, and that
agistment tithe was never paid ( 32 ), and submitting to ac-
count for what is due in respect of other small tithes.

{For the title, see form No. 1. antea, p. 1.)

This defendant &c. \^see formNo. 1. antea, p. 3.] saith he doth
not know or helieve that the vicar for the time being of the vicarage
and parish church of M. T. in the county of Y., hath at any time
been entitled to have and receive to his own use the tithes both great
and small of the several titheable matters and things from time to
time arising growing increasing and renewing within the said vicarage
and the titheable places thereof, except as in the said bill excepted,
or other than as hereinafter is mentioned, so far as applies to the
farm and lands which are occupied by this defendant.

Saith he believes it to be true, that the said vicarage became
vacant by the death of the preceding incumbent at or about the
time in the said bill mentioned ; and that the plaintiff was shortly
afterwards duly and lawfully presented instituted and inducted into
the vicarage and parish church of M. T. aforesaid, and that he
might soon after his induction duly qualify himself to act and officiate
as vicar thereof, and that he hath ever since acted and officiated,
and now acts and officiates in the cure of the said vicarage, and
that he may be well entitled to have take and receive to his own
use from the death of the last incumbent, all such tithes and pay-
ments in lieu of tithes, as his predecessors the former vicars of the
said parish were lawfully entitled to have take and receive within
the said parish and the titheable places thereof.

Saith he admits it to be true that from and since the day

of this defendant hath held and occupied and still holds and

occupies within the said vicarage and the titheable places thereof,
a certain ancient farm called or known by the name of C. G. farm,

consisting of a farm-house and out-buildings and acres of land

or thereabouts. v

(32) See Batchellor v. SmaUcombe, 3 Madd. Rep. 12, 21.

ANs^yERS. 51

Saith that the said ancient farm was at the time of the dissolution Saitli tlmt the
of the late dissolved abbey of F. in the county of Y. and from time of"^ dissolved
to time and at all times from time whereof the memory of man is al>bey and came^

1 111 i<»i • 1 ^ Till! •"*" '''^ hands of

not to the contrary had been parcel or the said late dissolved abbey, King Hemy 8.
and with the rest of the possessions of the said late dissolved abbey,
which was one of the greater abbies, and had possessions of the

value of £ a year, was given and surrendered unto and came

into the hands of his late Majesty King Henry 8, under and by
virtue of the act of parliament made and passed in the 31st year
of the reign of his said late Majesty, intituled " An act for the dis-
solution of monasteries and abbies." And this defendant believes And believes that
that from time to time and at all times from time whereof the memory ^'°"? J""*^ uinne-

_ *' nional ihe same

of man is not to the contrary, down to and at the time of the dis- was held by the

solution of the said late dissolved abbey of F. the said ancient farm of auVi eat tUhes

was holden and occupied by the said late dissolved abbey discharged

and acquitted of and from the payment of all great tithes; and that

by means thereof and by force of the said late act of parliament

passed in the 31st year of the reign of his said late Majesty King

Henry 8. the said ancient farm continued to be and hath ever since

the passing of the said last-mentioned act of parliament been and

now is discharged and acquitted from the payment of all great and is now dis-
,. , o ^ I J ^ chai-ed theie-

tlthes. f,om.

Saith that from time whereof the memory of man is not to the Siitii that from

contrary there hath been paid and payable and of right ought to J'"'^ imiiK monal

•' 1 ^ ^ •' ^ ^ ^ ® tlie several nio-

be paid to the vicar for the time being of the said vicarage and pa- dnses stated have

rish of M. T. aforesaid by the occupier or occupiers for the time the "icap^i,, nJu

being of the said ancient farm, the several moduses hereinafter of some of the

stated ; ( that is to say ), yearly at the sum of for every

milch cow ; and the sum of for every gelt cow kept and fed

upon the said ancient farm, in lieu of the tithe of milk; and also at

the sum of • • for every foal yielded and brought forth upon

the said ancient farm, in lieu of the tithe of foals ; and also at

the sum of for every hive of bees kept on the said ancient

farm, in lieu of the tithe of honey and bees'-wax ; and also at

the sum of for every person in the family of such occupier or

occupiers who did or ought to receive the holy communion, in lieu

of Easter offerings ; and on day the sum of for every

householder on the said ancient farm, in lieu of the tithe of poultry

and eggs.

Believes that the vicar for the time being is entitled to have and Helioves that he

receive in kind all other the small tithes (except the tithe of agist- J-pfvc^'^n'oUier'

ment) arising growing renewing and increasing in and upon the said small tithes ex-
, p ceut agistment.

ancient larm.

D 2

52

ANSWERS.

Admits that he
lias grown wheat,
&c. without sett-
ing out the tithes,
the plaiutitf not
being entitled.

Saith tliat he
paid tlie titlie
agent all small
tithes and mo-
duses, who gave
a receipt for the
same.

States the par-
ticulars of his
f<inn and of tithe-
able matters not
covered by mo-
duses.

Saith he admits it to be true that he hath since the said day

of , grown cut and carried from off the said ancient farm, con-
siderable quantities of wheat barley oats beans and other grain and
hay without setting out the tithe thereof or making any satisfaction
to the plaintiff for the same or any part thereof, inasmuch as for
the reasons aforesaid no tithe was due to the plaintiff in respect
thereof, the same being great tithes ; and defendant for the same
reason hath not herein set forth an account of such corn grain or
hay.

Saith that in the month of this defendant paid to the

agent of the said plaintiff the sum of £ in full satisfaction for

all small tithes and moduses in lieu of such tithes due to the said

plaintiff up to ; and the said then accepted the said sum

of £ on the part of the said plaintiff, in full satisfaction of all

such small tithes and moduses up to , and gave this defendant

a receipt for the same as for one year's tithes due to the said
2}laintiff at then last.

Saith that the pasture lands of his said farm consists of

acres or thereabouts of the yearly value of per acre, as he

computed the same, and that from to there was bred upon

his said farm calves, pigs, and geese, and that

Relieves that
no:;e of the vi-
<:ars ever re-
ceived auistrnent
tithe, and sub-
mits that the
plaictift is not
entitled thereto.

States in respect
of whom Easter
olTerings wtie

fleeces of wool of the value of

or thereabouts are due to the

2)laintiff for or in respect of the tithe of wool arising on the said
farm during tlie same period, but that no lambs were bred thereon.

Saith that he had growing upon his said farm in that year

acres of turnips which he computed to be of the value of £ or

thereabouts, and that from the middle of the month of to the

middle of the month of in the said year , he depastured

upon his said farm two years old heifers and two years

old steers, together also with sheep.

Saith that to the best of his recollection and belief he had not

between and , growing renewing arising or increasing

upon his said farm and lands in his occupation in the said parish
of M.T. or the titheable places thereof, any titheable matters or
things, except as aforesaid.

Saith that he believes that none of the vicars of the said parish
ever received any tithe of agistment within the said parish, or any
satisfaction for the same ; and he therefore submits and humbly in-
sists that the vicars of the said parish are not entitled to any tithe
of agistment arising within upon or from his said ancient farm, or
any satisfaction for the same.

Saith that he hath not since the day of had more than

persons in his family for v. horn Easter offerings were or are

ANSWERS. 53

payable, and that he paid and rendered to the Rev. the curate payable, and

and agent of the plaintiff, the Easter offerings which were due at JJ'e^re paid?™^

Easter , Easter , and Easter , as the same became

due and payable, and that by the immemorial usage and custom of

the said parish only is due from each such person yearly for

Easter offerings.

Saith that he is and at all times hath been ready and desirous to Submits to ac-
account for and pay to the j)laintiff what is due to him for the tithes i^s°d"e ii7respect
arising upon or from or due or payable in respect of his said farm. ^^ t'^hes.

XXII. Answer of the Ea^t India Company to a hill by a lay
impropriator, claiming tithes or customary ])ayments in lieu
of tithes in respect of warehouses, Sfc. held or occupied by
the defendants, they denying his right thereto (33).

These defendants &c. [ see form No. 2. p. 3. ] say they have Admit that plain-
heard and believe that the said plaintiff is now seised of or entitled ^j^ '^ seised of

' "^ ^ , , the iinpropnate

to the impropriate rectory of in the said bill mentioned, but rectory, but can-
how long he hath been seised of or entitled to the said rectory, or !|Ji°Jat*pe^io(l°nor

whether or not from the year or from any other time, defend- whether he is en-

, , . , r 1 1 1 1 titled to receive

ants know not nor can any how set lortn, nor do they know nor can .^„y titlies or cus-

they set forth, save as after-mentioned, whether or not plaintiff as ternary payments.

such impropriator or impropriate rector or otherwise, is or not now

or hath or not since the said year or any other time, been

entitled to have receive or enjoy for his own use any tithes rates for

tithes sums or customary payments or other duties in lieu of tithes,

for the houses shops warehouses cellars stables and other buildings

of the citizens and inhabitants of that part of the said parish which

lies within the city of L. and the liberties thereof as in the bill

stated or otherwise.

Admit that such act of parliament as in the bill mentioned was Admit tiie act of

made and passed in the reign of his late Majesty King Henry 8, S^e''d™nee if

and that such decree as in the bill set forth was made in pursuance set forth in the

of the said act of parliament, though defendants for greater cer-

(33) This appears to be the answer which was Kled in Antrohvs v.
Tiie East India Conipnmj, reported 13 Ve.s. p. !) ; the decree was made
ill the plainliU's favor tor the payment of the tithes at the rate of
'2s. iid. in tlia pound upon the annual value of the premises held or
oceiipied \ty the defendants; ^nd in note (51). -d edit, the decree is
stated to hd\c Ukcu aliitmed Itv the Hoube of Lords.

54 ANSWERS.

taiiity as to particular contents of said act and of said decree, crave
leave to refer thereto when produced to this honorable court.

iue o!cu*'iels*and ^^^^^ that they have ever since the year occupied and do

owners of various now occupy and are the owners of several stacks of warehouses and

selVauir °' ' '^" dwelling-houses for their warehouse-keepers and servants and waste

ground, situate in or near G. L. and H. A., all which are in that part

of the said parish of , which is within said city of L., and was

built by defendants.
Say tliat they Say that having built and they themselves being the owners of

btina; owners do -i , i i n- i i i ti

not lioid under said warehouses and dwelling-houses they do not now nor ever did
any rent, }^q|j jj^g same or any part thereof under any yearly or other rent

or for any consideration in the nature or in lieu of rent nor hath
any yearly or other rent or any consideration in the nature or
in lieu of rent at any time been paid for the said warehouses
dwelling-houses or ground, though defendants say they do ap-
believe that tlicir prebend and believe that certain dwelling-houses or some edifices

biiildini^s stand i -i t r i i i i- i i i

upon the scite or buuoiiigs were lormerly erected and did stand upon the scite

ot ancient mes- of or upon the same pieces or parcels of land or ground on which

suages, and that i n i » •

some rents were oeiendants said warehouses and dwelling-houses have been since

lK™Se^ houses"^' erected or built and do now stand as aforesaid, and that some

being occupi( d yearly or other rents or payment in the nature of rents were reserved

believe thaMi'o' ^^' made payable for or in respect of such dwelling-houses or other

rents ever were edifices and buildings or the ground on which the same stood, but
paid. 1

they are unable to set forth as to their knowledge or otherwise what

such rents or payments were or whether they were paid or not, ex-
cept that they say they have always understood or believed and do
now understand or believe that such houses or buildings were in-
habited or occupied by persons of very low descriptions and neces-
sitous circumstances, and therefore not likely to pay or make good
any rents or payments whatever in respect thereof.

Say they do not Say they do not now inhabit or occupy nor have they inhabited or
inhabit any • i • .1 • i i • , /- ,1 , .•

houses, .ve. save Occupied Since the said year — -- — or during any part of that time any

us aforesaid. messuages or dwelling-houses warehouses yards sheds wharfs quays

stables or other edifices buildings and premises situate within that

part of the said rectory and parish which is in the city of L. or the

liberties thereof save as aforesaid.

Insist that plain- Say they are advised and humbly insist that plaintiff as the lay

pri itor is uot'eu- ""P^opnator of said parish or rectory is not entitled under or by

titled to any virtue either of the act of parliament or the decree in bill mentioned

pavimnts. o^" otherwise to any tithes or yearly or other payments in the nature

or in lieu of tithes for or in respect of the said warehouses and

dwelling-houses of defendants or any of them, inasmuch as they have

also been advised and do conceive that said act of parliament and

ANSWERS. 55

the said decree were both made with a view to the clergy of L. and

not to lay impropriators and there is not any custom to warrant the

demand of any such tithes or payments in lieu thereof.

Admit that having been so advised they have not paid but on the Admit that they

contrary have refused to pay any sums or sum of money to plaintiff pay pialnti^ff since

or to any person for his use since the year for or in respect of 'hey have inves-

tithes or dues for these defendants' said warehouses and dwelling- right to make a

houses or any of them, save and except that certain of their said dtmand, andsllb-
, . , , ., . , 1 7 • .^ m't that the pay-
warehouses havmg been built previous to the year and ptainttjj ments which they

having in the month of in that year made a demand to be paid ^^J| maJe^'^n^

tithes thereon at the rate of in the pound on the yearly sum tlieir own wrong,

of £ such being as defendants believe the sum the said ware- n^t bound tTcon^

houses were rated at to the land-tax, and defendants not having t'^ue tlie same.

sufficiently investigated the right of 2i^(*intiff to make such demand,

defendants did then submit to make such payment to plaintiff and

they have continued to make the same up to last ; but they do

for the reasons aforesaid insist that such payment hath been made

in their own wrong and through ignorance of their own rights and

are therefore not bound to continue the same for the future ( 34 ).

(34) From the report in 13 Ves. p. 18, 19, it should seem that part of
this answer was oiuitted in the former edition of this work.

56

ANSWERS.

* XX III. Answer to a hill by a rector and his lessee for arrears
of tithes — three of the defendants had carried on the business
of brewers in partnership, which waS dissolved as to one,
and another defendant admitted a partner; (the other de-
fendant occupying a house and garden as their clerk;) the
defendants admit the plaintiffs' title, and set forth the ac-
counts required so far as they are able, but insist upon a
composition which had been paid annually in lieu of tithes as
binding %ipon the plaintiffs.

A supplemental answer was afterwards filed by three of
the defendants by leave of the court, to explain and cor-
rect several 7nistakes made in setting out the accounts ; (vide
postea, p. 63. )

The joint and several answer of W. P. T., J. S.,
E. W., R. T. and W. H. defendants, to the bill
of complaint of the Rev. F.W.B. clerk, and C. E.

complainants.

These defendants &c. \^sec form lSio.9,. p.^^ severally answer-
Admit tliat F.V/. ing say they admit it to be true that the said complainant F.W. B.
stitiit'ed and in- '^^'^^ ^"^ "^' ^bout the time in t!ie said bill in that behalf mentioned
tliicted, and is duly and lawfully presented instituted and inducted to and into the

now tne rortor . ,

and as rector en- vectory and parish church of S. ]M. in the said bill mentioned, and

tit ed to all iiihes ^^^-gX he has ever since been and is now the true and lawful rector
gi t'at and siuall ;,«,,

thereof, and tliat as such rector he became entitled to all the tithes

both great and small of the several titheable matters and things
growing renewing arising or increasing within the said rectory and
admit tliat a parish and the titheable places thereof; And these defendants fur-
tithes was "rant- ther severally answering say they do not know of their own know-
«'d !jy F. W. B. ledge, but they have heard and believe it to be true that in or about
toC.E., ^^^^ month of May 1813 the said complainant F.W.B. did duly

demise to tlie said complainant C. E. the several tithes arising within
the said rectory or parish for the term of fourteen years from the
2oth of JMarch 1S13 if the said complainant F. W. B, should so long
live and continue rector of the said parish, and that in or about the
tiiat snrh lease month of June 1818 the said alleged lease was surrendered by the

■was afterwards ., ,. r^ -r^ i -i i- -r< t>t -o i i i

Mil rendered and ^''-id coinpiamant C jb. to the Said complamant r.W. 15., and that the
anew lease ijrant- gj^jj last-named Complainant did thereupon duly srant another lease

ed. winch IS still ., • , , -i i • r^ t^ e i

suh^istiiig; of the said titiies to tiic said complainant C. E. lor the term of

ANSWERS. *>7

JlW€nty-ohe years from the ^I5th of March 1818 if the complainant

F.W.B. should so long live and continue rector of the said parish,

and that such last-mentioned lease is still subsisting ; And these de- admit that the

fendants further severally answering say they admit it to be true that ^ j g j^^j

in and previously to the said year 1813 these defendants W. P. T. E. W. occupied

J. S. and E.W. did hold and occupy a certain farm and lands here- „n»ii October,

inafter mentioned within the said rectory and parish or the titheable i820, when E.W.

•' * . . „ retired, and the

places thereof in copartnership, and that tliey did continue from «ietendant r.t.

thenceforth so to occupy the said farm and lands until the month of pa^,*|_n^,,."" *

October 1820, and that this defendant E.W. did then retire from

the said copartnership and cease to occupy the said farm and lands,

and that upon this defendant E.W.'s retiring from the said concern

this defendant R. T. was admitted a partner in the said concern in

the place of this defendant E. W., and that these defendants W. P. T,

J.S. a;nd R.T. did from thenceforth hold and occupy the said farm

and lands in copartnership together, and that the said farm and lands that the farm and

were previously to and until the latter end of the year 1813, fifty- isis, fifty-seven

seven acres two roods and thirty perches, exclusive of plantations and ^cres, two roods,

. 1 1 c 1 ^ thirtyperclies

buildings, but including the gardens occupied by the defendants as when additional

herein stated; and in the latter end of the year 1813 these defend- c^ij."*' ^"'''
ants W.P. T., J. S. and E. W. purchased an additional piece of land
whereby the whole of their titheable land was increased to sixty-
seven acres and eighteen perches, but the said quantity was reduced the quantity since
. , . T T , 1 • 1 11 1 reduced by plan-

withm the last two years by new plantations and several large ponds; tations and ponds}

And these defendants W. P. T., J. S., E. W. and R. T. further se-

veral'y answering say they deny that they these defendants or any or deny having

either of them had during the respective times in the said com- Trau" clover

plainant's bill in that behalf stated growing upon and took from off a"*! grasses,

the said farm and lands divers or any quantities of wheat barley and

oats and other corn and grain, or that they or any or either of them

had in eacli year during the time aforesaid growing upon and have

taken off t!)e said farm and lands divers or any quantities of wheat

barley and oats and other corn and grain or divers or any quantities

of clover and other artificial grasses, but these defendants admit except grass

that they have had during the time aforesaid divers quantities of into hay;

grass which they mowed and made into hay ; And these defendants

sevenilly deny that they did in any or either of the years of such deny having cut

their resj)ective occupations enter upon and take from off the said wood except for

farms and lands divers or any quantities of wood and under-wood 'epairs ;

excepting for the purpose of repairing the fences upon the said

form ; And these defendants severally deny that they or any or either t'eny having

of them had growing upon and did take from off their said lands in potatoes or '

frHiy or either of t;acii years divers or any (quantities of turnips and seeds;

oS

ANSWERS.

admit having had
cows,

bnt deny having
had sows or mares
producing young.

except in 1821,
\vhen one colt
was produced ;
deny having kept
any sheep, except
in 1820, when
tiiey iiad one hun-
dred ewes which
produced one
hundred iambs.

Deny having had
turkies, &c.

Say that part of
the lands was oc-
cnpied as gardens
which \>roduced
vegetables for
tiieir familits, of
which they kept
no account;

deny having
agisted ban en
cattle, except
as after stated.

Say that they
carried on the
trade of brewers,
and for the pur-
poses thereof
kept horses wliicli
were kept in the
stable except
when sick when
they were turned
out and depas-
tured ;

potatoes flax hemp cole seed mustard seed turnip seed or other kinds
of seeds ; And these defendants admit that they had respectively in
each of such years upon their said farm and lands such milch cows
as hereinafter stated which produced great quantities of milk, and
such number of cows which have produced such calves as hereinafter
stated, but these defendants deny that during the period aforesaid
they or any or either of them have or hath had in their said farm
and lands any sows or any mares which have produced colts or a colt
excepting in the year 1821 when they had a mare which produced
one colt only ; And these defendants deny that they or any or either
of them have or hath during the period aforesaid kept upon their
said farm and lands any sheep or any ewes which have produced
Iambs, excepting that in the latter end of the year 1820 they kept
about one hundred ewes, which last year produced about one hun-
dred lambs only, and which ewes were duly shorn in the year 1821,
but about sixty-two only of the said ewes were shorn in the year
1820, and such ewes produced such quantities of wool as hereinafter
stated ; And these defendants deny that they or any or either of
them have or hath had upon their said farm and lands during the
period aforesaid any turkies ducks geese or other fowls ; And these
defendants further severally answering say that during the period
aforesaid they respectively occupied part of the aforesaid lands as
gardens for tlieir own private use which produced them vegetables
and fruit for their families, but believing and fully understanding that
the said complainant C. E. had accepted and taken a composition for
all the titlieable matters and things arising growing and increasing
upon their said farm and lands these defendants did not keep any
account of the vegetables and fruit growing upon the same as
aforesaid, and they are totally unable to set forth any account
thereof; and these defendants deny that they or any or either of
them did in each or either of such years agist and depasture
upon the said farm and lands any barren and unprofitable horses
mares geldings bullocks oxen steers sheep or other barren and un-
profitable cattle excepthig as hereinafter stated ; And these defend-
ants say that during the period of their occupation of the said
farm and lands as herein stated, they have carried on the trade
or business of brewers, and for the purposes of their said trade
have kept from sixteen to eighteen horses in each year, but the
whole of such horses were kept in the stable and fed on hay, ex-
cepting when any of them were sick, when these defendants caused
such horses to be turned out and depastured for a few days only,
but these defendants cannot otherwise than as herein stated set
forth the number of their said horses so depastured, or any further

ANSWERS. 59

particulars relative thereto ; And these defendants deny that they Deny having had

or any or either of them have or hath had in any or either of such able^matters •^'

years growing upon and have taken from off their said farm and

lands any other titheahle matters and things than as hereinbefore

stated ; And these defendants W. P. T., J. S., E. W. and R. T. Admission by

further severally answering say they admit it to be true that these [""'" ^^fendant*

defendants W. P. T., J. S. and E.W. did previously to the year them did up to

1813 convert into a garden, and did from the said month of May garden'Sain *

I8I0 up to the month of October 1820 occupy as a garden certain lands,

lands within the said rectory or parish adjoining to a dwelling-house

occupied by this defendant E.W. as one of the partners in the said

first-mentioned copartnership, but such garden formed part of the

farm and lands aforesaid, and that this defendant E.W. but neither and that E.W.,

of these other defendants did during the time aforesaid have and Jiefendaulr °ook^

take from off the said last-mentioned lands divers quantities of therefrom garden

garden stuff and fruit as hereinafter stated ; And these defendants * , • • . '
*^ ' Admission by

W. P. T., J. S. and R. T. further severally answering say they three defendants
admit it to be true that they these defendants have from the said traveller the de-
month of October 1820 to the present time, and do now occupy by fendant W. H.,
means of the said other defendant W. H. their traveller and clerk since I820 the

the said house and earden, and that the said defendant W.H. hath same garden, and

. that W.H, had

l?ut neither of these other defendants have from the said month of therefrom garden

October 1820 taken upon and from off the said last-mentioned lands «tuff and fruit;

divers quantities of garden stuff and fruit ; And these defendants Deny that they

severally deny that they or any or either of them have or hath any^other^knd

during the time in the said bill mentioned converted into garden into garden

ground any land within tlie said rectory or parish other than such ° '

land as herein particularly mentioned ; And these defendants or that they have

W. P. T., J. S., E. W. and R. T. further severally answering say occupy any other

they deny that they or any or either of them have or hath in any '^"'1^ ;

or either of the years from the said month of March 1813 to the

present time held and occupied or do now hold and occupy divers

or any lands contiguous or near to the said last-mentioned lands or

elsewhere within the said rectory or parish of S.M. aforesaid, or

the titheahle places thereof, or any lands in any other parish ; And Admission by

this defendant W. H. further answering saith he admits it to be occupiedThe'said

true that he this defendant as the traveller and clerk of the said garden, and took

other deCendants W\ P. T., J.S., and R. T. hath ever since the stuff and frultf"

month of October 1820 held and occupied and doth now hold and ^'"^•» ^ere con-
1 , . , ,. . , , . . , . , . T suuied in his own

occupy tlie hereinbefore-mentioned garden situate withm the said family, and of

rectory or parish or the titheahle places thereof, and that he hath JJar'kcpr*^'^"""'

in each year of such his occupation had growing upon and has taken

from off the said lands divers cjuan'-itics of garden stuff and fruit,

CO ANSWEnS.

which this defendant consumed in his family, but this defendant
never kept any account thereof, and therefore cannot set forth any
Admit that the particulars thereof or relative thereto ; And all these defendants
I' 'raf tuiieabie^' further severally answering say they admit it to be true that the tithes
matters afore- of the several titlicable matters and things in the said complainant's
on't 'would have bill mentioned as aforesaid, if the same had been duly set out and
been of consider- rendered to the said complainant C. E., would have been of con-
siderable value, but of what value these defendants for the reasons
aforesaid cannot set fortli ; And these defendants further severally
Admit that they answering say they admit it to be true that they these defendants
did not set out the jjj ^^^ ^^^ ^lj^l ^j^y ^^^. either of them set out the whole of such
whole 01 siicli •'

titlies, and that tithes to the said complainant C. E., and that they have respec-

the\ame*'to their tively Converted the whole of such tithes during the period, and ac-

own use; cording to the respective occupations of the said lands by these

defendants as aforesaid to their own use for the reasons hereinafter

AV. H. saiih that stated; And this defendant W. H. admits it to be true that he

lie, occupying the ]^^([^ never made any compensation for the tithes aforesaid possessed

garden as clerk ...

to the other de- by him or for any or either of them, by reason that he this defendant

[feved^'that They l^^^ving occupied the said garden as aforesaid as the clerk of the
had made com- said other defendants, he this defendant considered and believed
pensation; ^^^^ ^j^^ ^^.^^ ^^^j^^^. defg^jj^nts W. P. T., J. S., and R. T. had made

a compensation or satisfaction for such tithes to the said C. E. ;

the other defend- And these defendants W. P. T., J. S., E. W. and R.T. further

rnsist''tl)a^^th"v Severally answering say they admit it to be true that they do respec-

have duly made lively allege that they have and they do severally insist that they

compensation for , . . „ , i • i

all tithes up to nave duly made a compensation or satisraction to the said com-

March, 1621, plainant C. E. for all and every the tithes of the several titheable
matters and things arising and growing and taken by these defend-
ants respectively from off the said farm and lands occupied by them
within the said rectory and parish or the titheable places thereof,
and including all the said gai'den, up to the 2oth day of Mai'ch 1821,
and say that be- for these defendants severally say that in the yeai- 1813 these de-
rented tiie tithes fendants W. P. T., J. S. and E. W. understanding and believing
they agreed uitii that the said complainant C. E. had rented the tithes of the said
him to pay him • i /• i • i i • -r> •%Tr r» i- i

^iiforone year, rectoryor parish irom the said complainant r.V> .r>., applied to the

which was paid ; ^^^^ q j7 jq know what he demanded by way of compensation or
satisfaction for the aforesaid tithes, when the said C. E. proposed
to these defendants to take and accept the sum of j£l 1 by even half-
yearly payments by way of compensation or satisfaction for their
said tithes from the 25th day of March 1813 to the 2oth day of
March 1814, and these defendants having agreed thereto accord-
ingly paid the said C. E. the said sum of ct'll by equal half-yearly

ANSWERS. 61^

payments; And these defendants W. P. T., J. S. and E.W. having A small addition
afterwards made a small addition to the land in their occupation t'^f then- lands"^he

within the said parish or the titheable places thereof, the said C. E. composition was

incr63scd to *
himself proposed to and demanded of these defendants the sum of Jfig. jos-., and

JC13. 10s. as a composition or satisfaction for all and every the continued to be
. . . . . P^'d to Michael-

tithes of the several titheable matters and things arising growing mas, isao,

and taken by them from off the lands occupied by them within the
said rectory and parish or the titheable places thereof for the year
commencing from the 2oth day of March 1814 to the 25th day of
March 1815, and these defendants having agreed thereto accord-
ingly paid the said C. E. the said sum of .£13. IOa'. by equal half-
yearly payments, and these defendants duly paid the said sum of
o£lS. 10*. yearly and every year to the said C. E. as a compensation
and satisfaction for all and every the tithes of the several titheable
matters and things arising growing and taken by them respectively
from off the said lands occupied by them or any or either of them
( and including all the said gardens ) within the said rectory and
parish or the titheable places thereof, from the said 25th day of
March 1814 to Michaelmas 1820, excepting that on Lady-day 1815 excepting for one
these defendants only paid the sum of .£3. 15s. for the half-year's Uie tidies ^'ere

tithe due and payable on that day in consequence of these defend- paid '^y persons

• i-.i IIP 1 rn -111 Pill to whom the lands

ants navmg m that halt year let oil considerable part ot the lands i,ad been let.

previously and subsequently occupied by them as aforesaid to divers
other persons who paid the tithe thereof, the proportion of which
was settled and arranged by the said complainant C. E. ; And these Payment made of
defendants W. P. T., J. S. and R. T. further severally answering eompSrt?
say that having commenced partnership in the month of October Lady-day, i82i.
1820 as aforesaid, they these defendants duly paid to the said C. E.
the sum of £5. 15*. as a compensation and satisfaction for their
tithes as aforesaid for the half-year commencing Michaelmas 1820
to Lady-day 1821, including the tithes arising from the said garden
occupied by the said other defendant W.H. as their clerk as afore-
said, and on Michaelmas-day 1821 these defendants by their soli-
citor tendered the sum of £6. 15s. to the said C. E. for their pre- Tender made at
vious half-year's tithe commencing at Lady-day 1821 up to Michaelmas another half-

dav 1821, when the said C. E. refused to receive the same, but did ye'"'s am.unt,
, . . , , ,1 .1 which C.E. re-

not at that time or previously or subsequently thereto give these fused to accept,

defendants or any or either of them any notice whatever of his in- ^»'t gave no inn-

•' •' _ mation thai tin;

tention, or that they were to consider the said annual payment by composition was

way of compensation or satisfaction for the tithes as at an end; as at\n enj. '^

And all these defendants further severally answering say they deny peny applica-

that the said complainants or either of them have or hath fre- t'o»s being made
. . 1 1 1 1-1 1- • '*'* stated in the

quently or at any times or time made such or the like applications bill, although

62

ANSWF.RS,

tliey admit that
C, E. wrote se-
Tcral letters
claiming large
arrears of tithes.

Admit that they
have not entered
into any compo-
sition with the
plaintiffs for the
tithes from the
25th March,! 823,
than as before
stated, but insist
that the pay-
ments made are
binding on the
plaintiffs }

Admit that cer-
tain lands are
situate in the pa-
rish of S. M.,
and that the de-
fendants are
owners and oc-
cupiers thereof.

Reference to a
schedule for an
account of cer-
tain titheable
matters ;

and requests to these clefendants or to any or either of them as m
the said complainant's bill in that behalf stated in respect of the
matters therein stated, although these defendants severally admit
that the said complainant C. E. hath written several letters to these
defendants demanding a large sum of money for pretended arrears,
of tithes, but which these defendants refused to pay, considering-
the aforesaid composition paiol to the said C. E. to be in lieu of all
tithes payable by them in respect of the lands occupied by them
respectively within the said rectory and parish or the titheable places
thereof, and that thereupon they were not bound to render to him
any account or any further payments as demanded by him in and
by such letters ; Antl these defendants further severally answering
say they admit it to be true that they have never entered into any
agreement or composition with the said complainants or either of
them in respect of the tithes or any of them arising from their said
lands situate within the said rectory or parish of S. M. aforesaid or
any of them from the 25th of March 1823, otherwise than as afore-
said, but which payments or composition for tithes these defendants
severally submit and insist are binding upon the said complainants
respectively, and that the said complainants or either of them are
or is not entitled to any farther payment or account in respect of
the tithes aforesaid during the period aforesaid from these defend-
ants or any or either of them; And these defendants further se-
verally answering say they admit it to be true that the lands in the
said complainants' bill in that behalf mentioned are respectively
situate within the said parish of S. M. and not in any other parish,
and that they these defendants are as hereinbefore stated the owners
and occupiers of such lands; And these defendants W. P. T., J. S.,
E. W. and R. T, severally answering say that they have in the
schedule to this their answer annexed, and which they pray may be
taken as part thereof, set forth according to the best of their judg-
ment and belief a full true and particular accovuit of all and sin-
gular the quantities of hay which they have respectively had taken
and received on or from off their said respective lands in each of the
years aforesaid, or in any and which of them, and of the value
thereof in each of such years, and also a like account of the number
of milch cows which they respectively kept on their said lands or
any part thereof in each of such years, and of the quantities of
milk produced by such cows in each of such years, and also a like
account of the niunber of cows which they respectively had on
their said lands or any part thereof in each of such years, and of
the numbers of calves produced thereby in each of such years, and
also a like account of the numbers of sheep shorn by them or any

ANSWERS. 63

<!>r eitlier of them on their said lands in each of such years, and of
the quantities of wool produced thereby; And these defendants Deny that they
severally deny for the reasons aforesaid that they or any or either subu-acteV any"'
of them have or hath during the period in the said complainants' titlies of the mat-
bill and hereinbefore mentioned, withheld or subtracted from the and insist that
said complainants any of the tithes of the several titheable matters they are not liable

o • 1 1 1 • 1 • • 1 1 !• , 1 *" account,

aioresaid, and submit and msist that they are not liable to account

to the said complainants or either of them for any of such tithes,
or to pay to them or either of them any sum or sums of money in
respect thereof; And these defendants severally deny &c. [see
sect. IV. antea, jp. 7.]

• XXIV. Supplemental answer filed by leave of the court to ex-
plain and correct mistakes made by three defendants in a
former answer put in by them jointly with other defendants
to a bill by a rector and his lessee for arrears of tithes;
( vide antea, p. oQ.)

{For the title, see form No. 10. p. 2.)

These defendants now and at all times hereafter saving and re-
serving to themselves and each of them all and all manner of be-
nefit or advantage of exception which can or may be had or taken
to the many errors uncertainties and other imperfections in the said
complainant's bill of complaint contained for supplemental answer
thereto, or unto so much and such parts thereof as these defendants
are advised is or are material or necessary for them or either of them
to make any answer unto, these defendants severally answering say
that by mistake in their said former answer they these defendants Say that by mis-
respectively stated that they denied that they or any or either of ha'Shig'held^'anJ
them had in any or either of the years from the month of March lands confignons
1813 to the then present time held and occupied or did then hold tiontd in the

and occupy divers or any lands contiguous or near to the last-men- **'"> ^"*^ ^^y *'"♦'
111-1 -1 1 • r 1 .11 • 1 1 1 "' 1821 they oc-

tioned lands in the said complainants bill mentioned, or elsewhere cupied certain

within the rectory or parish of S. M. in the said bill mentioned or '^"''^ ^"'" }''f .
J I ^ purpose of teed-

the titheable places thereof, or any lands in any other parish, for ing sheep,
these defendants severally say that in the month of June 1821 they
as copartners as in the said bill mentioned entered into the occu-
pation of certain lauds in the said parish of S. M. called T.

(U

ANSWERS.

W.P.T. saith,
and tlie other de-
fendants believe
that he from
March 1819, held
certain lands the
property of liis
son.

and at the time of
filing the bill cer-
tain other lands
of his own j

Saith that the
title-deeds are
not in his own
or in the other
defendants' pos-
session.
Say that pre-
viously to 1821
A. A. occupied
the lands called
T., and that he
paid a composi-
tion in lieu of
tithes ;

Say that they oc-
cupied tl;e same
nntil 1822, and
afterwards J. D.
who has con-
tinued to pay the
composition i

Admit that they
paid no compo-
sition for the
tithes thereof,
the plaintiffs not
having made any
demand ;

and containing about twenty-six acres, for a temporary occupation
only, and for the purpose of feeding certain sheep then in their
possession ; And this defendant W. P. T. further answering saith,
and these other defendants believe it to be true, that tliis defendant
W. P. T. hath in each and every of the years from the month of
March 1819 to the present time held and occupied and now holds
and occupies individually certain lands the freehold property of
his' son the said R. T. within the said parish, and called 13. con-
taining about twelve acres, and that he the said defendant was also
at the time of the filing of the said complainant's bill and had been
for several years previously thereto in the occupation of fourteen or
fifteen acres or thereabouts of land of his own freehold property in
the parish of A., which parish adjoins the said parish of S. M. and
which last-mentioned pieces of land are described in the title-deeds
relating thereto as follows, (that is to say): All that close &c. &c.
all which said closes and lands lie adjoining together, and are situate
lying and being in the parish of A. aforesaid ; and this defendant
W.P.T. saith that such title-deeds are not now in his custody or
power although the same lately were, nor are the same or any or
either of them in the custody or power of the said other defendants
or of any or either of them ; And these defendants further severally
answering say they have been informed and believe it to be true that
one A. A. was the occupier of the said lands called T. for about
ten years previously to Lady-day 1821 when he quitted the same,
and that he during his said occupation paid a composition of £2. 18*.
a-year by half-yearly payments of c£1.9a\ to the said complainant
C. E., in lieu and in satisfaction of all tithes arising from the said
lands called T., and that he duly paid the same up to Lady-day 1821,
when he quitted the occupation of the said lands ; and the said de-i
fendants say that they entered upon the occupation of the said last-
mentioned lands in the month of June 1821 as aforesaid, and re-
mained in the occupation thereof until Lady-day 1822 when they
quitted the same, andJ. D. the owner thereof entered into the pos-
session and occupation of the said last-mentioned lands, and as
these defendants have been informed and believe it to be true has
duly paid a half-yearly composition of J^\. 12*. 9d. in respect of
the said lands, and as a composition or satisfaction for the tithes
thereof from Lady-day 1822 aforesaid; and these defendants se-
verally admit that they have never paid any composition or satis-
faction to the said complainants or either of them for the tithes
arising from the said lands called T. during their occupation thereof
as aforesaid, but severally say that the said complainants have not
nor huth either of them made any demand upon these defendants

ANSWERS. 65

or any or either of them in respect of the tithes of the said lands
called T. or for any sum or sums of money as and by way of a com-
position or satisfaction for the same ; And these defendants severally Admit that r'ey
answering say they admit it to be true that they have never entered ai7a^'iTe ment 'for
into any agreement or composition with the said complainants or the samf.
either of them in respect of the tithes or any of them arising from
their said lands called T. aforesaid or for any or either of them ;
And these defendants further severally answering say they deny that Deny having
these defendants or any or either of them had during the time of ^'"^^"^^^^''^'''^'*^'
such their occupation of the said lands called T. growing upon and
took from off the said lands divers or any quantities [ de7nj having
grown any wheat corn hayseeds SfC. %c.\\ And this defendant W. P.T. saith
W. P. T. further answering saith that he purchased the said lands ^jj^ land'scaul-d

called B. in the year 1818 for his son the said R. T. and hath ever !'>• and occnpic-H

, . , . , r» 1 • 1 1 \ • ^ the same, and in

smce been m the occupation thereot, and saitn that on the tithe ^gig applied t<>

receipt day at or about Michaelmas 1819 to the best of his know- '^n""' ''"' amonnt

1 -, . . ^ ^ composition,

ledge remembrance and belief, he this defendant attended at the wiieu he was told

office of the said complainant C.E. for the purpose of ascertaining ife^",hen tfai'd^"^^

what sum of money was payable by him to the said C. E. as and by oiie lialf-year's

way of composition or satisfaction for his tithes growing renewing continued to

and increasinff upon his said lands called B., and that this defen- P'»y *'>"i'* ""•'!
1 T nil \ ^ •• „ Lady-day 1821 ;

clant was thereupon told that the amount ot the composition ot

this defendant in respect of such tithes was the sum of o£'l. 12*. 6d.
payable by half-yearly payments, and that this defendant thereupon
paid to the said complainant C. E. the sum of Ws. o<L being the
first half-yearly payment or composition for this defendant's titlies
of the said last-mentioned lands; And this defendant saith that he
duly and regularly by himself or some friend of his paid the said
sum of 16*. od. to the said C. E. as the half-yearly payment or com-
position of this defendant in respect of such last- mentioned tithes,
yearly and every year from Lady-day 1819 until Lady-day 1821 ;
And this defendantW. P. T. further answering saith he admits it Admits that he
to be true that he doth allege and insist that he hath in manner i^'i'^iiJ/T.Lt'made
aforesaid duly made a composition or satisfaction to the said com- a romposition lor
plainantC. E. for all and every the tithes of the several titlieable lands ',aii(.d B. ;
matters and things arising growing and taken by this defendant
W.P. T. from off the said lands called B. occupied by him during tb.e
period aforesaid ; And this defendant W.P.T. further answering saith Saith that he in-
that he this defendant instructed his solicitor the late IMr. J. D. on [,',I''Jy[.*^j|', ,viiHMo(-
or about Michaelmas 1821, to tender the sum of IG.v. od. to the said m.^^ i»'^i »<> m^d e
C. E. for his previous half-yearly tithes of the said lands called B., pinimiff c. R.,
commencing from Ladv-dav 1821 up to Michaelmas-dav 1821, and i>''ii»'"ts that be
this defendant believes that the said Mr. J.D. did accordingly tender
Vol. II. E

66 ANSWERS.

ami saith iliat no the same to the said C. E. ; and this defendant saith that the said
"uen^to'Xter-" ^* ^" ^^^th not at any time either previously or subsequently thereto
mine the com- given this defendant any notice whatever of his intention, or that
' he this defendant was to consider the said annual payment by way

of composition or satisfaction for his tithes aforesaid as at an end ;
Denies applica- And this defendant W. P. T. further answering saith he denies
as'sta'te'd "in'uie ^^^^^ *^^^ ^^^^ Complainants or either of them have or hath frequently
bill J or at any times or time made such or the like applications and re-

quests to this defendant as in the said complainants' bill in that
behalf stated in respect of the matters therein stated, otherwise
and admits that than as in this defendant's former answer stated ; And this defendant
wn"7,w n ".IT'^ W.P.T. further answering saith he admits it to be true that he
inent witli the never entered into any agreement or composition with the said com-
spect of the tithes plainants or either of them in respect of the tithes or any of them
than as aforesaid, arising from his said land called B. situate within the said rectory
the payments or parish of S. M. aforesaid or any of them from Lady-day 1819
made as binding ; otherwise than as aforesaid, but which payments or composition for
tithes this defendant submits and insists are binding upon the said
complainants respectively, and that the said complainants or either
of them are or is not entitled to any further payments or account in
respect of the tithes aforesaid during the period aforesaid from this
Denies having defendant ; And this defendant W. P. T. further answering saith
fands called B. he denies that he hath had during the respective times in the said

wheat, &c. but complainants' bill in that behalf stated, growing upon and took from
admits having \ . , i i ^^ i ry t • • /« i i i

grown clover and Oil the said lands called a. divers or any quantities ot wheat barley

grass made into ^^^^ other corn and grain excepting oats as hereinafter stated, or
had in each year during the time aforesaid, growing upon and had
taken from off the said lands divers or any quantities of wheat and
other corn and grain excepting oats, but this defendant admits he
hath had such quantities of clover as hereinafter stated but no other
artificial grasses, and that he hath had during the time aforesaid
divers quantities of grass which he mowed and made into hay, and
divers quantities of potatoes turnips and parsnips ; And this de-
fendant &c. &c. ; And these defendants severally deny &c. [see
sect. IV. aiifea, p. 7.]

ANSWERS.

t)7

XXV. Further ansiuer after exceptions taken and allowed to
the defendant's former ansiver to a bill for an account, and
to restrain the infringement of a copipigJd.

( For a form of title refer to p. 2.)

This defendant saving and reserving to himself, as in and by his
former answer to the said complainant's said bill of complaint was
saved and reserved, for further answer thereto, or unto so much
thereof as this defendant is advised is material or necessary for him
to make answer unto, answereth and saith he admits it to be true
that this defendant hath by the defendants T. N. L. and 11. O. and Admits that he
by other booksellers employed by him, published and sold many and others sold
copies of the edition of published by this defendant as "^''"y copies of

. . PI ^^^ work,

m his former answer mentioned ; and that the number of such

copies sold by him amounts in the whole to or thereabouts and statnijT the

^ •' • 1 1 iiiinioer ot sncli

as nearly as this defendant can set forth the same to his knowledge copies;

or belief; but this defendant denies that he is now proceeding or

threatens to proceed in pubhshing and selling the said book, having Denies tliat he is

discontinued the sale thereof, as in this defendant's former answer publication;

mentioned ; And this defendant further answering saith that the

profit which he hath made by such publication doth not exceed the ^fating the

*^ . , . amount oi profit,

sum of £ to the best of this defendant's knov.ledge and belief, and admitting

and this defendant admits that he hath applied the produce and *'i'feV"tiie^siin)e*
profits of the said publication to his own use; And this defendant to his own use;
saith that he printed and published copies of the said book or Stating tiie

'^ ^ i _ nnmjjer ot copies

work and no more, and that he hath sold copies, and that there printed, and the

now remain copies in his own custody or power or in the custody "t.',"^ji|,i|',.^°i,js^'ui

or power of other persons by his order or for his use as nearly as
he can set forth the said several particulars as to his knowledge in-
formation or belief; and this defendant hath in a schedule to this
his further answer annexed or under-written and which he prays and referring to

, , , f. PI IT pi-1 ii'a scheiiiile lor an

may be taken as part thereor, set torth to tiie best ol Ins knowknige account of the
remembrance information and belief, a just and true account of all >"<'iiks prodmed
the sums of money which have arisen by the publication and sale ol' and the protits
the said book and the profits which have arisen therefrom. ''"'*^" tiiere.rom.

J.L.

ANSWERS.

XXVI. Answer of a trustee submitting to act as the court
shall direct.

AdjTiits the exe- This defendant &c. [see form No. 1. p. 3.] admits it to be true
riage settlement* *^^* such indentures of lease and release as in the said bill of com-
plaint are stated to bear date , were duly made and executed

by and between such parties and to such purport or effect as are

therein set forth so far as the same are therein set forth ; but for

his greater certainty nevertheless this defendant craves leave to refer

the solemnization to the said indentures when produced ; And this defendant further

e maniage, answering saith he admits it to be true that the intended marriage

between the said complainants J. P. and E. P. was soon afterwards

had and solemnized, and that the said other complainants ( the

the birth of the children ) are [the only children of the said marriage ; And this de-

tbat he declines ^^^^^^^ admits that he doth decline to act in the trusts of the said

to act and is de- settlement, and that he is desirous of being discharged therefrom,

discharged, offer- '^^'^ ^^^^' ^^ ^^ ready to convey and release the said trust premises

ing to convey on to the said complainant S. M. M. and such new trustee as may be

bemgindemnitied . ,, ^ • ■, t • • i -n i ' -i

and paid his appomted by tins honorable court on bemg mdemnined m that
*^****®* behalf and paid all his costs and expenses.

XXVII. Conclusion of an answer insisting that plaintijfs remedy
is at law and not in equity, and claiming the same benefit as
if the defendant had demurred to the bill.

And this defendant submits to this honorable court that all and
every the matters in the said complainant's bill mentioned and com-
plained of, are matters which may be tried and determined at law,
and with respect to which the said complainant is not entitled to any
relief from a court of equity, and this defendant hopes he shall
have the same benefit of this defence as if he had demurred to
the said complainant's bill ; And this defendant denies &c.

[ ^9 ]

ANSWERS AND DISCLAIMERS {35).

* XXVIII. Answer and disclaimer by the personal representa-
tives of a mortgagee^ relinquishing the security of the pre-
mises comprised in the plaintiff's mortgage.

In Chancery.

The joint and several answer and disclaimer of
J. F. and R. C. two of the defendants to the original
and amended bill of complaint of W. S., J. C,
and T. P., complainants.

These defendants &c. [ see form No. 2. p. 3. ] say they admit Admit the death

that J. C. in the said bill named departed this hfe on the day Mswni Appoint!

of " , having first duly made his last will and testament whereby ing the defend-

he appointed his sons these defendants joint executors thereof, and and that they'
that they these defendants proved the same in the Prerogative proved his will,

Court of the Archbishop of York on the day of , and

thereby became his legal personal representatives ; And these de- Say they do not
fendants further severally answering say they do not claim any in- i^est"in''tlie 'me'-
terest in the estates in the said bill stated to be charged with the "lises, nor object
annuities to the said complainants W. S. and J. C. therein mentioned of what is due to
and with the mortgage therein also mentioned to be assigned to '■''^ plaintiffs,
them ; And these defendants further severally answering say they
do not object to the payment of what may be due to the said com-
plainants out of the rents and profits of the said estates ; And these
defendants do disclaim all right title and interest in and to the and disclaim all
said estates and every part thereof; And these defendants deny &c. Cfthe^" stater '^^^
[see sect. IV. antea, p. 7.]

(3j) See Ld. Red. Tr. PI. p. 106, 318, 4th edit. ; 2 Madd. Ch. Pr. 33«.

'^^ ANSWERS AND DISCLAIMERS.

XXIX. Answer and d'lsclahner denying having ever claimed any
right or interest in the premises in the bill mentioned.

Answer and disclaimer of A. B. the defendant to
the bill of complaint of C. D. complainant.

Drnies tliat he This defendant &c. [see form No. \. p. 3.] saith that he doth

ever claimeil, ami .1 .^^^^-,•^r^ \ • 1 ^ ^ , 1. <>

now disclaims all "'^'' ^"^w that he this deiendant to his knowledge or belief ever
nuiit anil into- had nor did he claim or pretend to have, nor doth he now claim

lest in the pre- . , . , . p . ,

luises. any right title or interest 01 m or to the estates and premises

situate &c. in tlie said complainant's bill set forth or any part thereof,
and this defendant doth disclaim all right title and interest to the
said estates and premises and every part thereof; And this defend-
ant denies &c. [ see sect. IV. antea, p. 7.]

XXX. Answer and disclaimer of a trustee under a tvill, demjing
having ever interfered in the trusts or received the rents of
the trust estates.

The several answer and disclaimer of A. B. one
of tlie defendants to the bill of complaint of L. M.

complainant.

Eelievps that the This defendant &c. [*ce /brw A'^o. 1. ^. 3 ] answereth and saith

tfstator died ^^veit he believes that C. D. did die seised of such estates in as

seised or rei-

tain estates, in the said complainant's said bill are mentioned ; And this defendant

that he made a does believe that the said C. D. did make such last will and testa-
-vviii ajipointiii^' nient in writing and did thereby create such trusts out of the said

d( icrnuant tins- . .

tee, estates and appointed this defendant trustee thereof in such

manner and to such purport and effect as in the said complainant's

said bill for that purpose set forth ; And this defendant does beheve

and E. F. exe- that the said testator made E. F. gent, executor of his said will ; and

*^'''<*'j this defendant does believe that the said C. D. soon after making

that he died soon his said will departed this hfe, (that is to say): on or about the

•after, seised ot | ^f without revoking or altering his said will, seised

the estates. • <:> ^ '

of such estates in as in the said complainant's said bill are set

Saith tliat he re- forth ; And this defendant further saith that he was advised that

n"^ddie*^in"the the said trust would be attended with some difficulty besides expense

trusts, ail J loss of time to this defendant; therefore this defendant abso-

ANSWERS AND DISCLAIMERS. 71

hitely refused to intermeddle tlierewith or in any way concern himself

therein ; And this defendant denies that he or any person or per- denies having

r 1 • ,j .1 -liiii •! t'ver entered into

sons tor hmi ever entered on the said trust estate, or ever received possession

any of the rents and profits thereof ; but this defendant has been believes that the

informed and believes that the same were received by G. H. of &c. rents were re-

•' ceivea uy kj. rl.

gent, who was employed by the said testator C. D. in his life-time who was the tes-

to receive the rents and profits of the said — estate for him the ' ' '

said C. D. ; And this defendant believes that the said G. H. hath
received the said rents and profits of the said trust estate ever since and that he has
the death of the said testator C. D. and doth still continue to receive celVe""the s'ame*-
the same ; And this defendant positively denies that the said G. H. denies that he had
had any power authority or direction from this defendant to receive ^"^ authority
all or any part of the rents and profits of the said trust-estate, or
that he ever accounted to this defendant for the same ; and this de-
fendant is very desirous and ready to be discharged from his said ^'^o '^ desirous
, T PI 1-1 ,1 to be discharged.

trust and to do any act lor that purpose as this honorable court

shall direct, this defendant being indemnified in so doing and having
his costs ; And this defendant further saith that as to so much of
the said bill as seeks a discovery of this defendant's title to the

lands in , this defendant saith that he doth not know that he

this defendant to his knowledge or behef ever had nor did he claim Denies that he
or pretend to have nor doth he now claim or pretend to have any doth d^'TIn "'^

right title or interest of in or to the said estate in in the said fight or interest

complainant's bill set forth or any part thereof; and this defendant premises,

doth disclaim all right title and interest in and to the said estate

in in the complainant's said bill mentioned and every part

thereof; And this defendant denies &;c. [see sect. IV. antea, p. 7.]

[ 72 ]

CIIArXER X.

DEMURRERS.

Whenever any ground of defence is apparent on the bill itself,
either from matter contained in it, or from a defect in its frame, or
in the case made by it, the proper mode of defence is by demurrer.
The causes upon demurrer are merely upon matter in the bill, or
upon the omission of matter which ought to be therein or attendant
thereon, and not upon any foreign matter alleged by the defend-
ant (1).

A demurrer is always in bar and goes to the merits of the case (2) ;
whatever the bill represents as fact must be generally taken to be
true by the demurrer; but not what the bill states as inference from
matter of law (3).

A defendant cannot demur and plead or demur and answer to the
same matter, for the answer will over-rule the demurrer; and a
demurrer to relief is over-ruled by an answer to the facts, or parts
of the bill, in respect of which relief is prayed (4). A demurrer
if good to the relief prayed by a bill is good also to the discovery
sought for the purpose of the relief (5); the defendant however
may waive the benefit of the rule as against himself, and may demur
to the relief and yet answer as to the discovery (6); but he can-
not answer the discovery in part and demur to part, nor can he
demur to a discovery only and not to the relief prayed, because
the plaintiff may be entitled to relief without being entitled to it
through the discovery, and may then obtain a decree, though he
has not established his right by the defendant's answer (7). Where

(1) Ld. Red. Tr. PI. p. 107, 8, 4th edit. ; 2 Madd. Ch. Pr. 282.

(2) 1 Atk. 543.

(3) 3 Mer 503.

(4) 2 Madd. Ch. Pr. 282, 3 ; Jones v. Earl of Straford, 3 P. Wms. 80.
{o) 1 iVJadd.ai.Pr. 216.

(G) Abraham v. Dodgson, 2 Atk. 156, 7 ; and nete (p), p. 185, Ld.Red.
Tr. PI.

(7) Morgan v. Harris, 2 Bro. Ch. Ca. 124 ; Attorney- General v. Brown,
1 Swanst. 204 ; Wari/ig v. Mackrct/i, Forr. 129, 136; 2 Madd. Ch. Pr.
2S6.

DEMURRERS. 73

the demurrer extends to relief to which the plaintiff is entitled it
will be bad, though there is some relief prayed to which the
plaintiff* is not entitled (8). A demurrer (unlike a plea) cannot be
good in part and bad in part ( 9 ) ; if however several defendants
join in a demurrer, it may be good as to some of them and bad as
to the others (10).

A defendant may put in separate demurrers to separate and dis-
tinct parts of a bill, for separate and distinct causes ; for the same
grounds of demurrer frequently will not apply to different parts of
a bill, though the whole may be liable to demurrer; and in such
case, one demurrer may be over-ruled upon argument, and another
allowed.

A demurrer must express the several causes of demurrer ; and
m case the demurrer does not go to the whole bill, it must clearly
express the particular parts of the bill demurred to ( 1 1 ). It is not
a proper way of demurring to say that the defendant answers to
such and such facts, and demurs to all the rest of the bill ; the
defendant ought to demur specifying precisely what it is that he
refuses to answer ( 12), and this must not be done hy way of ex-
ception, as by demurring to all except certain parts of the bill (13).

A demurrer ore ienus must be to that which the defendant has
demurred to on the record. If the cause of the demurrer on the
record is not good, he may at the bar assign other cause but he
cannot demur ore tenus upon a ground which he has not made the
subject of demurrer on the record (14).

A speaking demurrer is bad ; as where by way of argument or
inference the demurrer suggests a material fact which is not to
be found in the bill (15).

(8) Todd V. Gee, 17 Ves. 279, 2d edit.

(9) Baker v. Pritchard, 2 Atk. 388 ; 2 Madd. Ch. Pr. 286.

(10) 8 Ves. 403.

(11) Ld. Red. Tr. PI. 213, 4; 4th edit.; and see note {k), ibid.

(12) 2 Madd. Ch. Pr. 283.

(13) Robinson v. Thompson, 2 Ves. & B, 118 ; Wetherhead v. Blackburn,
ib. 121; but it seems that a demurrer to the whole bill, with an ex-
ception of a very small part may be good in point of form; Hicks
V. Raincock, 1 Cox's Ca. 41.

(14) Pitts V. Short, 17 Ves. 215, (i, 2d edit.; 2 Madd. Ch. Pr. 286.

(15) See 2 Madd. Ch. Pr. 287; Edsellv. Buchanan, 2 Ves. jun. 83;
Cawthorn v. Chalit^ 2 Sim. &Stu. 129; Davies v. Williams, 1 Sim. 8.

74 DEMURRERS.

*l. A general demurrer for want of equity (v^here there is only
one defendant.)

In Chancery.

The demurrer of F. C. E. defendant, in the
bill called F. E., to the bill of complaint of A. B.
complainant.

This defendant by protestation not confessing or acknowledging
all or any of the matters and things in the said bill of complaint con-
tained to be true in such manner and form as the same are therein
and thereby set forth and alleged (IG), doth demur in law to the
said bill, and for cause of demurrer showeth that the said com-
plainant hath not by his said bill made such a case as entitles him in
a court of equity to any discovery or relief from or against this de-
fendant (17) touching the matters contained in the said bill or any
of such matters ; [ Or thus : And for cause of demurrer saith that
it appears by the said complainants' own showing by their said bill
of complaint that the said complainants are not entitled to the dis-
covery or relief prayed by their said bill against this defendant ( 18);]
Wherefore and for divers other good causes of demurrer appearing
in the said bill of complaint this defendant doth demur to the said
bill, and to all the matters and things therein contained, and prays
the judgment of this honorable court whether he shall be compelled
to make any further or other answer to the said bill, and he humbly
prays to be hence dismissed with his reasonable costs in this behalf
sustained.

(IG) If a demurrer is only to a part of the bill, ( as where a discovery
is sought of the defendant's title ) insert the following form after the
word • alleged':

' As to so much of the said bill as seeks that this defendant may an-
swer and set forth whether Ac. or as seeks any discovery from this
defendant whether e^'c. [ setting out tlie interrogatories] this defendant
doth demur in law, and for cause of demurrer sheweth' c^c.

(17) If the demurrer is only to a part of the bill, insert the following
words after the word ' defendant':

'As to the matters hereinbefore specified or any of such matters; Where-
fore' &c. [ end conclvde as in page 83, posteu.]

(18) See other forms of a demurrer by a defendant for want of
equity, poslca, p. 77, 8 ; and p. 80.

(

DEMURRERS.

II. A general demurrer for want of equiiy (where there are
several defendants.)

In Chancery.

The demurrer of D. D., J. D., and S. K. three
of the defendants to the bill of complaint of S. S.
complainant.

These defendants by protestation not confessing or acknowledging
all or any of the matters and things in the said complainant's bill
contained to be true in such manner and form as the same are therein
and thereby set forth and alleged, do demur to the said bill, and for
cause of demurrer show that the said complainant has not by his said
bill made such a case as entitles him in a court of equity to any dis-
covery from these defendants respectively or any of them, or to
any relief against them, as to the matters contained in the said bill
or any of such matters, and that any discovery which can be made
by these defendants or any of them touching the matters complained
of in the said bill or any of them cannot be of any avail to the said
complainant for any of the purposes for which a discovery is sought
against these defendants by the said bill, nor entitle the said com-
plainant to any relief in this court touching any of the matters
therein complained of; Wherefore and for divers other good causes
of demurrer appearing in the said bill these defendants do demur
thereto, and they pray the judgment of this honorable court whe-
ther they or either of them shall be compelled to make any further
or other answer to the said bill, and they humbly pray to be hence
dismissed with their reasonable costs in this behalf sustained.

75

76 DEMURRERS.

* III. Demurrer to so much of a bill as sought a discovery of
title-deeds, for want of an affidavit being annexed to the
bill that the same were not in the plaintiff's custody or
power (19).

The demurrer of &c.

This defendant by protestation &c. [ see form No. I. p. 74.] as to
so much of the said bill as seeks a discovery of the marriage settle-
ment of the late father and mother of the said complainant,

and of the title-deeds and writings relating to the messuages lands
and tenements in the said bill mentioned, and that the same may be
delivered up to the said complainant, this defendant doth demur in
law, and for cause of demurrer showeth that no person or persons
by the ancient and approved rule of this honorable court shall ex-
hibit a bill of complaint in this honorable court against any other
person or persons for a discovery of deeds and writings belonging to
such complainant, and upon which if in his possession he might have
remedy at law and pray relief relating thereto, unless such com-
plainant or complainants shall at the time of exhibiting such bill
make affidavit that he she or they have not such deeds and writings
so sought after in his her or their custody or power ; Wherefore
and lor that he said complainant hath not made affidavit of not
having the deeds and writings in his custody or power so sought
after by the said bill this defendant doth demur to such part of the
said bill as aforesaid, and humbly prays the judgment of this court
whether he shall be compelled to make any further or other answer
to such part of the said bill as is so demurred unto.

(19) Ld. Red. Tr. PI. p. 54, 4lh ed. ; Hook v. Dormant 1 Sim. & Slu,
227; and see note (2), antea, vol. i. p. 204.

DEMURRERS. 77

IV. Demurrer to a bill of interpleader, for want of the usual
c^davit that the plaintiff does not collude with any of the
defendants ( 20 ).

The demurrer of &c.

This defendant by protestation &c. [ see form No. I. p, 74.] to
the whole of the said bill doth demur, and for cause of demurrer
showeth that although the said complainant's said bill is on the face
thereof a bill of interpleader, and prays that this defendant and the
other defendants thereto may interplead together concerning the
matters therein mentioned, and may be restrained by injunction
from proceeding at law against the said complainant touching such
matters, yet the said complainant has not annexed an affidavit to his
said bill that he does not collude concerning such matters with any
of the defendants thereto, which affidavit ought, according to the
rules of this honorable court as this defendant is advised, to have
been made and annexed to the said bill ; Wherefore &c. [ as in
form No. I. p. 74.]

*V. Demurrer to a bill of interpleader {9,1), for want of the
necessary affidavit, and also for want of equity.

The demurrer of &c.

This defendant by protestation &c. [ see form No. I. p. 74.] doth
demur in law to the said bill, and for cause of demuiTer showeth
that although the said complainant's said bill is upon the face thereof
a bill of interpleader, yet the said complainant hath not annexed to
his said bill an affidavit that he doth not collude concerning such
matters with any of the defendants thereto, which affidavit ought.

(20) Ld. Red. Tr. Pi. 143 ; 1 Madd. Ch. Pr. 175. '

(21) The question in this cause was whether the bill was in fact a bill
of interpleader ; it was contended that it was not, the word * interplead'
not being used in the bill ; the material part of the prayer was thus ;
* And that the said defendants may adjust and determine between them-
selves to whom' &c.; the demurrer was allowed.

78 DEMURRERS.

according to the rules of this court, as this defendant is advised, to
have been made by the said complainant, and annexed to the said
bill; And for further cause of demurrer this defendant further
showeth that the said bill does not contain sufficient matter of equity
whereupon this court can ground any decree in favor of the said
complainant, or give the said complainant any relief against this
defendant; Wherefore &c. [as in form No. \. p. 74.]

* VI. Demurrer to a bill for the examination of toifnesses de
bene esse ; the bill not alleging that an action has been
commenced, or that there is any impediment to an action
being brought, and an affidavit not being annexed to the

bill (22).

The demurrer of &c.

This defendant by protestation &c. [ see form No. I. j). 74.] and
for cause of demurrer showeth that the said complainant in and by
his said bill claims to be entitled to the estates and premises therein
mentioned, and the said complainant by his said bill prays that he may
be at liberty to examine his witnesses &c. yet the said complainant
has not stated, nor does it appear in and by his said bill that any
action at law has been commenced by him to establish his right, or
that there w^as or is any impediment to any such action being brought
by the said complainant, or that the several persons sought to be
examined as witnesses or any of them are or is resident abroad, or
are about to quit the kingdom, nor hath the said complainant by
affidavit annexed to the said bill made oath that the several persons
sought to be examined as witnesses or any of them are or is aged
or Jnfirm or any other circumstance which may render their tes-
timony in danger of being lost; Wherefore &c. [as in form No. I.
p. 74.]

(22) See note (9), antea, vol. i. p. 4G& ; Philips v. Caretv, 1 P. Wms.
116, and note (z), \h. 6th ed.

DEMURRERS. 79

* VII. Demurrer for multifariousness ( 23 ).
The demurrer of &c.

This defendant by protestation &c. [ see form No. I. p. 74.] doth
demur to the said bill, and for cause of demurrer showeth that it
appears by the said bill that the same is exhibited against this de-
fendant and J. H., J. C, T.S. andW. T. for several and distinct
matters and causes, in many whereof as appears by the said bill
this defendant is not in any manner interested or concerned, by
reason of which distinct matters the said plaintiff's said bill is drawn
out to a considerable length, and this defendant is compelled to
take a copy of the whole thereof, and by joining distinct matters
together which do not depend on each other in the said bill, the
pleadings orders and proceedings will in the progress of the said
suit be intricate and prolix, and this defendant put to unnecessary
charges in taking copies of the same, although several parts thereof
no way relate to or concern him ; for which reason and for divers
other errors appearing in the said bill, this defendant doth demur
thereto, and he prays the judgment of this honorable court whether
he shall be compelled to make any further or other answer to the
said bill, and he humbly prays to be hence dismissed, with his
reasonable costs in this behalf sustained.

(23) Ld. Red. Tr. Pi. 181, and note (6), ibid.; Brookes v. Lord Whit-
worth, iMadd. Rep. 86.88, and note(rf), ibid.; Salvidge v. Hyde, 5Madd.
138 ; S. C. on appeal, 1 Jac. R. 151. In Rayna- v. Julian, 2 Dick. 677,
a demurrer to a bill " for that it was multifarious " was over-ruled as
informal.

Ad objection for multifariousness must be taken by demurrer, and
cannot be made at the hearing of the cause ; Ward v. Cooke, 5 Madd.
122 ; Wynne v. Callander, 1 Russ. 293, 7.

80 DEMURRERS.

*VIII. Part of a demurrer for multifariousness fa a bill against
several purchasers of parts of an estate (24^).

And for cause of demurrer showeth that the said bill is exhibited
against this defendant and twenty other persons as defendants
thereto, for several and distinct and independant matters and causes
which have no relation to each other, and wherein or in the greater
part whereof this defendant is in no way interested or concerned,
and ought not to be implicated.

* IX. Demurrer for want of equity and also for multifariousness
to a bill for discovery a7id for a commission to examine
witnesses abroad in relation to two actions at laic cotnmenced
against the plaintiff in equity ( 25 ).

The demurrer of &c.

This defendant by protestation See. \_see form No. I. p. 74.] and
for cause of demurrer showeth that the said complainants have not
in and by their said bill shown any right or title to the discovery, or
to the commission and injunction thereby sought ; and for further
cause of demurrer this defendant showeth that the discovery and
commission by the said bill sought, relate to several distinct matters
by the said bill alleged to have been pleaded by the said complain-
ants to two several and distinct actions at law in the said bill al-
leged to have been commenced by this defendant against the said
complainants, and which two several actions appear by the said
bill to relate to several and distinct matters and to be founded on
several and distinct causes of action, and such several and distinct
matters so pleaded by the said complainants to the said two several
actions ought not to have been joined together in one bill : Where-
fore and for other good causes of demurrer apparent in the said
bill &c. \as in form No. I. 7^. 74.]

(24) See the authorities referred to in the preceding note.

(25) See Shackell v. Macauluy, 2 Sim. & Stu. 79 : Thorpe v. Macaulay,
5 Madd. 218 ; and see also 5 Madd. p. 14G.

DEMURRERS.

• X. Demurrer for want of parties to a bill by a creditor of a
testator who had died abroad i^Q).

The demurrer of &c.

These defendants by protestation &c. [ see form No. II. p. 75. ]
do demur to the said bill, and for cause of demurrer show that it
appears by the said complainant's said bill that a personal repre-
sentative of Robert Stewart the testator therein named, resident
within the jurisdiction of the court, is a necessary party to the said
bill, and yet that there is no personal representative of the said
testator resident within the jurisdiction of the court a party to the
said bill: Wherefore &c. [a* in form No. II. p. 75.]

ni

XI. Demurrer for want of parties.

The demurrer of &c.

These defendants by protestation &c. [ see form No. II. p. 75. ]
do demur to the said bill, and for cause of demurrer show that it
appears by the said complainant's own showing in the said bill, that
J. S. therein named is a necessary party to the said bill, inasmuch
as it is therein stated, that N. M. the testator in the said bill named,
did in his life-time by certain conveyances made to the said J. S. in

consideration of £ , convey to him by way of mortgage certain

estates in the said bill mentioned to have been devised for the pur-
pose of paying the said testator's said debts and legacies, but yet
the said complainant has not made the said J. S. a party to the said
bill: Wherefore &c. [as in form No. II. p. 75.]

(26) Ld. Red. Tr. PI. 180, 4th ed. and note (s), ibid.; Love v. Fahlie,
2 Madd. Rep. 101. The demurrer need not point out ihe parties hy
name ; it is sufficient if it points out who the individuals are hy some
description enabling the plaintiff" to make them parlies; 2 Madd. Ch. Pr.
293, 4 ; and see Ptjk v. Piice, 6 Ves. 7»0, 1 ; and 1 1 Ves. :3G9.

Semble, such demurrer should be to the whole hill; see fiast India
Company v. Coles, reported in a note to Blackburn v. Jepson, 3 Ijiwauat.
142, 3.

Vol. II. F

aa

DEMURRERS.

XII. Demurrer to so much of a bill as sought a discovery of
waste cominitted by the defendant^ the lilaintiff not having
tvaived by his bill all penalties and forfeitures ( 27 ).

The demurrer of &c.

This defendant by protestation &c. \^see form No. I. p, 74.] as
to so much and such part of the said bill as seeks to have dis-
covery from this defendant of any timber or young timber trees in
the said bill suggested to have been since the death of Sir J. T. bart.
this defendant's late father deceased in the said bill mentioned,
felled or cut down on the estate in the said bill mentioned or any
part thereof by this defendant, or by his directions, or as seeks to
have any discovery of all or any sum or sums of money for which the
same or any part thereof were or was sold by this defendant, doth
demur, and for cause of demurrer showeth that by the known and
settled rules of this honorable court no person ought to be com-
pelled to set forth or discover any matter or thing which doth or
may subject him to any pains penalties or forfeitures whatsoever;
and therefore as the said discovery sought by the said complainant's
said bill doth and may by the known law of this kingdom subject
and make this defendant liable to several pains penalties and for-
feitures, and which the said complainant hath not in and by his said
bill waived as is usual in cases of the like nature to do, this de-
fendant doth demur in law to so much and such parts of the said
bill as pray the aforesaid discovery, and humbly demands the judg-
ment of this honorable court whether he ought to be compelled to
make any further or other answer than as aforesaid to such parts
of the said bill as he hath so demurred unto.

(27) See I-d. Red. Tr. PI. 197, 4th ed.; Madd. Ch. Pr. vol. i. p. 214,
vol. ii. p. 21)0.

DEMURRERS. ^3

XIII. Demurrer to so much of a bill as sought a discovery
which might subject the defendants to a charge of com-
pounding a felony ( 28 ), — accom2)anied by an answer to the
other ^j«r/* of the bill.

The demuiTer of the defendants C. D.,
G. H. and E. his wife to part, and
their answer to other part of the bill
of complaint of A. B. complainant.

As to so much of the complainant's bill as seeks to charge these
defendants or any of them with the concealing or compounding the
felony in the bill mentioned, or as seeks to compel any of these
defendants to make any discovery touching the same or any of the
matters relating thereto in the said bill suggested or alleged, these
defendants by protestation not confessing or acknowledging any of
the matters or things relating thereto in the said bill compi'ised, to
be true in such sort manner and form as the same are therein al-
leged or set forth, these defendants do demur, and for cause of de-
murrer show that they ought not to be compelled to discover or set
forth any matters whereby they may impeach or accuse themselves
of an offence or crime for which they may subject themselves to fine
or to corporal punishment; Wherefore and for divers other good
causes of demurrer in the complainant's said bill of his own showing
appearing, these defendants as to so much of the complainant's said
bill as before is set forth do demur, and do demand the judgment
ef this honorable court whether they or any of them ought or shall
be compelled to make any answer thereto other or otherwise than
?is aforesaid ; and these defendants not waiving their said demurrer
but wholly relying and insisting thereon, for answer to so much of
the s^id bill as these defendants are advised is material or necessary
for then? or any of them to make answer unto, severally answering
sp.y tJbiey deny &c.

(28) See 1 Madd. Ch. Pr. p. 214; Claridge v. Hoare, 14Ves. 59;
Cartwriyht v. Green, 8 Ves. 405, 2d. edit.

F 2

S.4 DEMURRERS.

XIV. Demurrer on the ground that the plaintiff does not appear
hy the bill to have iwoved the will of his testator ( 29 ).

The demurrer of &c.

These defendants by protestation &c. [ see form No. II. p. 75.]
do demur to tlie said bill, and for cause of demurrer show that
the scope and end of the said complainant's bill is to be relieved
touching several sums of money by the said bill supposed to be due
from these defendants to one A. B. deceased in the said bill named,
which the said complainants would or seek by their said bill to claim
as executors to the said A. B., and yet they have not alleged in or
by their said bill that they have proved the will of the said A. B.
( if any such was made ) or otherwise taken upon themselves the
burthen or execution thereof, or any ways entitled themselves unto
her personal estate and to sue for the same : Wherefore &c. [as in
form No, II. p. 75.]

* XV. Demurrer on the ground that the plaintiff had not proved
his testator s will in the proper Ecclesiastical Court ( 30 ).

The demurrer of &c.

This defendant by protestation &c. [ see form No. I. p. 74.] doth
demur to the said bill, and for cause of demurrer sheweth that ac-
cording to the complainant's own showing in his said bill of com-
plaint it appears that C. R. the testator in the said bill named died
possessed of bona notabilia out of the diocese of the Bishop of
Chichester, and particularly of bona notabilia in the diocese of the
Bishop of London which is in the province of the see of Canter-
bury, and that it appears by the said complainant's said bill that the
said complainant hath proved the said testator's will in the said
bill mentioned in the Consistory Court of the Bishop of Chichester
only : Wherefore &c. [ as iti form No. I. p. 74.]

(29) See Ld. Rerl. Tr. PI. 155, 4th erl.

C:lO) See Comber a Case, 1 P. Wms. 766 ; Tourton v. Flower, 3 P. Wras.
370, 6th ed.

DEMURRERS.

XVI. Demurrer by the wife and cofnmittee of the person of a
lunatic^ to so much of a hill as sought to perpetnate the
testimony of witnesses to the alleged will of the lunatic ( 31 ),
accompanied by her Answer to the other parts of the bill.

The several demurrer and answer of B. C. wife of
T. C. a lunatic, one of the defendants to the bill
of complaint of S. E. complainant.

This defendant by protestation &c. \_see form No. I. p. 74.] as
to so much of the said bill as seeks to have the witnesses to the
alleged will of the said T. C. this defendant's said husband exa-
mined and their testimony recorded in this honorable court in order
to the perpetuating thereof, this defendant doth demur, and for
cause of demurrer showeth that the said T. C. at the time of the
exhibiting of the said bill was and still is living, and that the wit-
nesses to the said alleged will of the said T. C. ought not to be
examined to prove the same nor ought their testimony to be re-
corded during the life of the said T. C, and for that the said com-
plainant hath not any right or title by or under the said will until
the said T. C.'s death : Wherefore and for divers other errors and
imperfections good causes of demurrers appearing in the said bill this
defendant doth demur to such parts of the said bill as aforesaid :
And as to the residue of the said bill tliis defendant not waiving
her said demurrer but relying thereon, and saving and reserving to
herself all and all manner of benefit and advantage of exception
that can or may be had or taken to the many errors uncertainties
and insufficiencies in such residue of the said bill contained, doth
answer and say she hath heard and believes it to be true that the
said T. C. did several years ago but when exactly this defendant
cannot set forth, become disordered in his mind and hath ever
since been and still is incapable of managing himself or his affairs,

and that the said complainant did on or about the day of ■

prefer a petition to the then Lord High Chancellor of Great Bri-
tain praying that a commission might issue to inquire of the lunacy
of the said T. C. ; And this defendant further answering saith that a
commission issued accordingly, and that such inquisition was taken
thereon as in the said bill is for that purpose mentioned and set

(31) See L(l. Red.Tr. PI. p. 166; Sackville v. Ayleworth, 1 Vern. l()r> ;
6 Ves. 251>, 200.

0^

86 DEMURRERS.

forth, and that the said T.C. doth still continue and is a lunatic ; but
this defendant for greater certainty craves leave to refer to the
records of the said commission and inquisition ; And this defendant
further saith she admits it to be true that after the said T. C. was
found a lunatic as aforesaid, the care and custody of his person was
committed to this defendant, and the care and management of his
estate was committed toW.C. in the said bill named, and that the
said T. C. her husband is still living: And this defendant doth deny
all manner of combination and confederacy in the said bill charged,
and humbly prays to be hence dismissed with her reasonable costs
and charges in this behalf sustained.

* XVII. Demurrer as to so much of the discovery and relief
sought by the bill with respect to certain part of the pre-'
mises therein mentioned, that the 2ilaintiff's remedy is at
law ( 32 ) ; and with respect to other part of the premises,
that he has shown no title thereto ; and Plea in bar as to so
7nuch of the bill as sought to set aside the conveyance of
other jmrt of the premises, of the indentures of conveyance
by lease and release for a valuable consideration, supported
by an Answer denying fraud or any undue influence having
been used.

In Chancery.

The demurrer, plea, and answer of A. F. one
of the defendants to the bill of complaint of
J. B. complainant.

Demurrer, This defendant by protestation &c. [see form No. I. ^j. 74.] as

to so much of the said bill as seeks to compel this defendant to ac-
count with tlie said complainant for the rents and profits of all or
any of the estates therein mentioned ( except of the premises in
Mary Street therein alleged to have been purchased by T. R. one
of the defendants to the said complainant's bill ) received by her,
or which but for her wilful default she might have received, and
also as to so much of the said bill as seeks to compel this defendant

(32) See Loker v. Rolle, 3 Ves. 7, 2d edit. ; Crow v. Tyrrell, 3 Madd.
182; and notc(i), aiitea, vol. i. p. 204.

DEMURRER, PLEA, AND ANSWER. B7

to deliver up to the said complainant or unto such person or persons

as she should appoint the possession of all or any of the said estates

and premises in the said bill mentioned ( except of the said premises

therein alleged to have been purchased by the said defendant T. R.),

and to so much of the said bill as seeks to compel this defendant

to deliver up to the said complainant all and every the title-deeds

evidences and writings in her custody or power relating to all or

any of the said estates and premises in the said bill mentioned

( except the said premises therein alleged to have been purchased

by the said T. R.), this defendant doth demur thereto ; And this

defendant as to the discovery and relief sought by the said bill ( save as to the disco-

so much thereof as relates to the said premises therein alleged to son"iu"(save^as

have been purchased by the said T. R., and so much thereof as to the premises

relates to the premises in the said bill mentioned to be situate at S. x. r. and the

in the county of D.), for cause of demurrer showeth that the said p'eniises situate

complainant can have an effectual and complete remedy in a court of f„rtl'at plaintiff's

law; and for further demurrer in this behalf this defendant as to remedy is at law,

so much of the said discovery and relief as relates to the said pre- and as to the

mises in S. aforesaid, for cause of demurrer saith that the s.iid com- 1"*^""**^" '" •'

plainant hath not by the said bill shown that he is entitled to the that [daintitT has

said estate and premises at S. or any part thereof, or to the rents ||° is entitled

thereof or of any parts thereof, or to any of the title-deeds evi- thereto ;

dences and writings relating thereto ; Wherefore and for divers other

good causes of demurrer appearing in the said bill this defendant

prays the judgment of this honorable court whether she shall be

compelled to make any answer to such parts of the said bill as she

has hereinbefore demurred to ; And this defendant not waiving her

said several demurrers but wholly relying thereon, doth as to so piea in bar as to

much of the said bill as seeks to have the conveyance of the said "o "i»f'' «* t''e

•' bill as seeks to set

premises therein mentioned to be situate at the corner of Mary aside the convey-
Street set aside as having been obtained by undue means, and to premises and to

have the same delivered up to the said complainant to be cancelled, compel the difen-

, -ii •! 1- *'^"t to arcoinit

and to compel this defendant to account with the said complainant for the rents, and

for the rents and profits of the said last-mentioned ])remises re- '*^ deliver up the

^ _ _ ^ *■ _ ])osscssion Of the

ceived by her, or which but for her wilful default site might have premises and of

received, and also as to so much of the said bill as seeks to compel tue-iee b,

this defendant to deliver up to the said complainant or unto such

person or persons as he should aj)point the possession of all and

singular the last-mentioned premises, and to deliver up to the said

complainant all and every the title-deeds evidences and writings in

her custody or power relating thereto, pleads thereto, and for plea of a conveyanre

saith that by an indenture of bargain and sale bearing date the 10th le^se tuT.K.'*^

day of July in the year 1799, and made between the said complain- aud w.F. in fee

so DEMURRER, PLEA, AND ANSWER.

as tenants in ant and A. his wife of the one part, and the said defendant T. R.
and W. F. in the said bill named of the other part, he the said com-
plainant and his said wife in consideration of the sum of 10*. to them
therein mentioned to be then paid by the said T. R. and W.F. did
bargain and sell the last-mentioned premises with the appurte-
nances unto the said T. R. and W.F., To hold the same unto the
said T. R. and W. F. their executors administrators and assigns
from the day next before the day of the date of the same indenture
for the term of one whole year from thence next ensuing ; And by
a certain indenture of release bearing date the 17th day of the
same month of July in the year 1799, and made between the said
complainant and his said wife of the one part, and the said T. R. and
W.F. of the other part; after reciting (amongst other things) that
disputes had arisen between the said complainant and the said T. R.
and F. W. concerning the premises, for ending whereof the said
T.R. and W.F. had agreed to give to the said complainant of 100
on condition that the said complainant and A. his wife would grant
bargain sell release and confirm the said premises unto the said T.R.
and W. F. their heirs and assigns, to which the said complainant had
consented, he the said complainant and his said wife, in considera-
tion of the sum of c£'100 then to them paid by the said T. R. and
W. F., did grant bargain^ sell release and confirm unto the saidT. R.
and W. F. and their heirs the said last-mentioned premises with the
appurtenances, To hold the same unto the said T. R. and W. F. their
heirs and assigns as tenants in common and not as joint tenants. To
the use of the said T. R. and W.F. their heirs and assigns ; by virtue
of which indenture all the estate right title and interest of the said
complainant in and to the said last-mentioned premises became as
this defendant is advised, and was well and effectually conveyed re-
leased and assured luito and to the use of the said T. R. and W. F,

Avermpnis that their heirs and assigns ; And this defendant doth aver to the best of

the ronsideiation j^gj. knowledge information and belief that the said sum of i'lOO was
J_ 100 was paid, ■-

actually paid by the said T. R. and W. F. to the said complainant,

:iiid that neither a,nd that neither the said T. R. nor the said W. F. prevailed upon
T R. nor W. F. j]^g gj^j^j complainant by fraud or misrepresentation or any undue

used fraud or . . .

undue means; means to execute the said indentures of bargain and sale and re-
lease or either of them ; All which last-mentioned matters and things
this defendant doth plead in bar to so much of the said bill as is
hereinbefore pleaded to; And this defendant humbly prays the
judgment of this honorable court whether she ought to make any
further answer to so much of the said bill as is hereinbefore pleaded
to ; And this defendant not waiving her said several demvuTcrs and
pleia but Vkholly relying and insisting thereon, for answer to so mucii

DEMURRER, PLEA, AND ANSWER. 89

of tlie said bill as this defendant is advised is material or necessary

for her to make answer unto in aid of her said plea, answereth and Answer in aid of

saith slie denies to the best of her knowledge remembrance informa- t. R. and W.F.

tion and belief that the said T. R. and W.F. or either of them ever took any nndue

■>T advantage, or

took an undue advantage of the said complamant s distress, or pre- prevailed upon

vailed upon the said complainant by fraud misrepresentation or any ^o^s"//^- '^•'^ t "'J

undue means to sell and dispose of his right and interest in the said in the premises,

last-mentioned premises or any part thereof, or to execute the said ^^^^^ e u e e

indentures of bargain and sale and release or either of them; And believes that the

this defendant further answering saith she hath been informed and paid hyT. R.and

believes it to be true that the said sum of .£100 was actually and T"-^ii° *'f

•' plaintiti, and was

bond fide paid by the said T. R. and W. F. in equal moieties to or to at the time con-
the use of the said complainant, and that the same was considered adequate con-°
by the said T. R. and W. F. at the time of the execution of the said sideration.
several indentures of bargain and sale and release to be a full and
adequate consideration for the purchase of all the right and interest
of the said complainants in and to the last-mentioned premises and
every part thereof.

XVIII. Demurrer by husband and wife to so much of the bill
as sought to set aside a testator^s will, or to restrain pro-
ceedings at law, that it appeared by the bill that the husband
proved the will in the Prerogative Court, that such court has
exclusive jurisdictio?i, and that no equity is shoivn to stay the
jjroceedings at laiv ; — Plea by the husband as to so much as
sought a distribution of the testator s personal estate, that
he made a will bequeathing his residuary estate to the hus-
band, and appointed him executor, and that he has proved
the icill ; — Answer by both defendants to the residue of the
bill.

The joint and several demurrer of S. N. and E.
his wife to part, and the plea of the said
S. N. to part, and the joint and several an-
swer of the said S. N. and E. his wife to
other part of the bill of complaint of M. B.
W.T. and J. M. and S. his wife, complainants.

These defendants S. N. and E. his wife, by protestation &c. [ see Demurrer by
form No. II. p. 75.] as to so much of the said bill as seeks to set ^^ so much^f th'
aside or impeach or have any relief against the will of II. K. in the bill as seeks re-

90

lief against the
will of R. R.,
that it appears
that S. N. proved
the same in the
Prerogative
Court, and that
such court has
exclusive juris-
diction;

and that there is
no equity shown
to stay proceed-
ings at law by
S. N. against
W.T.

Plea by S. N. as
to so much as
seeks to have
distribution of
K. R.'s personal
estate, that R. R.
made a will be-
queathing his re-
siduary personal
estate to S. N.
and appointing
liini executor ;
and that he
proved the will
in the Preroga-
tive Court.

DEMURRER, PLEA, AND ANSWER.

said bill named as to the personal estate of the said R. R. or that
seeks a discovery from these defendants or either of them in rela-
tion to the said will, or that prays an injunction against this defend-
ant A.N. to stop his proceeding at law against the said W.T. these
defendants do demur thereunto, and for cause of demurrer show
that it appears by the complainants' own showing that this defendant
S. N. hath proved the said will of the said R. R. in the Prerogative
Court of the Archbishop of Canterbury, and these defendants are
advised that the probate of wills relating to estates and particularly
relating to personal estates do properly belong to the Ecclesiastical
Courts of this realm, and that the same ought not to be called into
question in this honorable court ; And for further cause of demurrer
these defendants show that there is not as they are advised any
matter or thing set forth in and by the said bill as a foundation of
equity for this court to interpose in relation to the action at law
commenced by this defendant S. N. against the saidW. T. but what
is properly cognizable at law, and that the said complainant W.T.
may have the same or equal benefit upon a trial at law if the same
is true; for M'hich reason and for divers other causes these defend-
ants do demur to so much of the said bill as aforesaid, and humbly
pray the judgment of this honorable court whether they shall make
any further or other answer thereto ; And as to so much of the said
bill as seeks to have a distribution of the personal estate or effects
of the said R. R. according to the statute of distribution of in-
testates' estates, or that seeks an account or discovery of or from
this defendant S. N. of the personal estate of the said R. R. this
defendant S. N. doth plead thereunto, and for plea this defendant

saith that the said R. R. did in his life-time on or about the

day of in the year of our Lord as this defendant believes

duly make and publish his last will and testament in writing, and
thereby after giving several legacies therein particularly mentioned,
gave and bequeathed all the rest and residue of his real and per-
sonal estate unto this defendant to hold to him his heirs and assigns
for ever, and of the said will made this defendant sole executor;
and that this defendant also after the death of the said testator
proved the said will in the Prerogative Court of the Archbishop of
Canterbury, as by the probate thereof under the seal of the said
court now in the custody or power of this defendant ready to be pro-
duced as this honorable court shall direct, and to which this defend-
ant craves leave to refer, doth more luUy and at large appear ; All
which matters and things this defendant S. N. doth aver and is ready
to prove as this honorable court shall direct, and doth plead the
same in bar to so much of the said bill as for that purpose is herein-
before mentioned, and humbly craves ihc judgment of this honorable

I

DEMURRERS.

91

court wiiether he shall make any further or other answer thereto ; Answer to the

And as to so much of the said bill as these defendants have not ^m

before respectively demurred or pleaded unto, these defendants in

no sort waiving the benefit of the said demurrer and plea or either

of them but wholly relying and insisting thereon, these defendants

for answer to the residue of the complainant's said bill or to so

much thereof as these defendants are advised is material or necessary

for them or either of them to make answer unto, these defendants,

each speaking for him and herself, and not the one for the other,

they these defendants do severally answer and say as follows &c.

* XIX. Demurrer to an a7nended billy the plaintiff's title to re-
deem having been obtained after the filing of the original
bill and the atiswer to it ( S3 ).

The demurrer of &c. ( 34 ).

This defendant by protestation &c. [ see form No. I. p. 74.] doth
demur thereto, and for cause of demurrer saith that the indentures
of lease and release in the said bill mentioned to bear date respec-
tively the 15th and 1 6th days of July 181G, the indenture of re-
lease purporting to be made between the said complainant W. M.
of the one part and the said complainants J. P. and R. P. of the
other part, and to be a conveyance of the equity of redemption
of the premises therein mentioned and by the said bill sought to
be redeemed, appear by the said bill to bear date after the fihng
of the original bill of complaint of which the said bill of the said
J. P., R. P., and W. M. purports to be an amended bill; Where-
fore and for divers other good causes of demurrer appearing in the
said bill of the said J. P., R. P. and W. M., this defendant doth
demur thereto, and he prays the judgment of this honorable court
whether he shall be compelled to make any further or other answer
to the said bill of the said J. P., R. P., and W. M., and humbly
prays to be hence discharged with his reasonable costs in this
behalf sustained.

(33) See Pilkington v. Wignall, 2 Madd. Rep. 240, 4; and Ld. Red.
Tr. PI. p. 207, 4th edit. ; see also 2 Madd. Cb. Pr. 374, 5.

This demurrer was drawn according to a precedent of a similar de-
murrer drawn by Lord Kedesdale when at the bar, and was allowed ; it
was held not to be a speaking demurrer; it only stating matter appear-
ing in the bill, not matter out of it.

(34) See tSinith v. Bryon, 3 Madd. 428, 1) ; and note (6), antea, p. 2.

92

DEMURRERS.

* XX. Demurrer for want of equity to a supplemental

bill (35).

The demurrer of &c.

These defendants by protestation &c. [see form No. 11. p. 75."]
do demur in law to the said supplemental bill of complaint, and for
cause of demurrer show that the said supplemental bill of complaint
doth not contain any matter to entitle the said complainant to any
such discovery from these defendants or to any such relief against
them as is sought and prayed in and by the said supplemental bill ;
Wherefore these defendants do demur thereto, and pray the judg-
ment of the court whether they ought to be compelled to put in any
further or other answer to the said complainant's said supplemental
bill, and humbly pray to be hence dismissed with their reasonable
costs in this behalf sustained.

* XXI. Demurrer to a bill of review and supplemental bill, on
the ground that there are no errors in the decree, and that
the leave of the court teas not first obtained { 3Q ).

These defendants by protestation &c. [ see form No. II. p. 75.]
do demur in law thereto, and for cause of demurrer show that there
are no errors in the record and premises and in the decree of

the day of in the said bill of review and supplemental

bill mentioned, nor is there any sufficient matter alleged in the said
bill of review and supplemental bill to entitle the said complainant
to reverse the said decree ; and for divers other errors and defects
appearing in the said bill of review and supplemental bill, these de-
fendants do demur in law thereto ; And these defendants for further
cause of demurrer humbly show that by an order of this honorable
court bearing date the ITth October in the fifteenth year of his

(35) See Adams v. Dowdiuff, 2Madd. Rep. 53.

(3C) Sec Ld. Red. Ir. PI. p. 84. 203, 4, 4lh ed. ; 2 iMadd. Ch. Pr.
542.

DEMURRERS. 93

present Majesty's reign, It is ordered, amongst other things, that no
supplemental or new bill in nature of a bill of review grounded upon
any new matter discovered or pretended to be discovered since the
pronouncing of any decree of this court, in order to the reversing or
varying of such decree, shall be exhibited without the special leave of
the court first obtained for that purpose ; Wherefore and for that the
said complainant doth not allege by the said bill of review and sup-
plemental or new bill that he had first obtained leave of this court
for exhibiting the said bill of review and supplemental or new bill,
these defendants demur in law thereto, and humbly pray the judg-
ment of the court whether they ought to be compelled to put in any
further or other answer to the said complainant's said bill of review
and supplemental or new bill, and humbly pray to be hence dis-
missed with their reasonable costs in this behalf sustained.

[ 94 1

CHAPTER XI.

PLEAS ( 1 ).

1

I. Plea of alien enemy ( 2 ).

The plea of • defendant to the bill of complaint

of complainant.

This defendant by protestation not confessing or acknowledging
all or any of the matters and things in the said complainant's said
bill mentioned to be true in such manner and form as the same
are therein and thereby set forth and alleged, doth plead thereunto,
and for plea saith that the said complainant is an alien born in
foreign parts, that is to say, in the kingdom of Spain, out of the
allegiance of our Lord the now King, and under the allegiance of
a foreign Sovereign, that is to say, of the King of Spain, an enemy
to our Lord the King ; and that the said complainant before and at
the time of his exhibiting his said bill of complaint against this de-
fendant was and still is an enemy of our Lord the now King, and
an inhabitant of C. under the government of the said King of Spain

(1) As to the form and reqtiisites of pleas in general, seeLcl, Red.
Tr. PI. 294, 300, 4th edit.; Beames ou Pleas, p. 7, 32, 42; 2 Madd.
Ch. Pr. p. 297.

A plea may be to the whole bill, or to part only. If a plea does not
go to the whole bill it must clearly and precisely express to what part
of the bill the defendant pleads ; if the plea is general with an exception
of matters after mentioned and is accompanied by an answer, the plea
is bad ; but if the exception is clearly stated and does not require a
reference to any other part of the record to make it intelligible, it is
sufficient; see the authorities above referred to, see also Houev. Dtippa,
1 Ves. &Bea. 514.

A plea must not contain unnecessary averments ; Cork v. Wilcock,
5 Madd. 330.

In what cases a plea is required to be put in on oath, see Ld. Red.
Tr. PI. p. 301; Beanies on Pleas, 316; Ord. Ch. ed. Beames, 26, 7.
19 Ves. 81, 2.

(2) See Ld. Red. Tr. PI. p. 229. 4th edit. ; Beames on Pleas, p. 112,
254, and p. 329, where a form of a similar plea is inserted ; see aU»
Evans v, Richaithon, 3 Mer. 469.

PLEAS.

and adhering to our said Lord the King's enemies ; All which
matters and things this defendant doth aver to be true and pleads
the same to the whole of the said bill and humbly demands the
judgment of this honorable court whether he ought to be com-
pelled to make any answer to the said bill of complaint, and humbly
prays to be hence dismissed with his reasonable costs in this behalf
most wrongfully sustained.

J.L.

95

II. Plea that the defendant is not the deceased's personal repre-
sentative as alleged in the bill {3).

The plea of &c.

This defendant by protestation &c. [see form No. I. ^.94.] to
all the discovery and relief sought and prayed by the said com-
plainant's said bill he this defendant doth plead, and for plea saith
that he this defendant is not the executor or administrator or the
legal personal representative of the said A. B. as in the said bill
alleged, which said representative or representatives ought to be
made party or parties to the said complainant's said bill as this de-
fendant is advised ; All which matters and things this defendant
avers to be true and pleads the same to the said bill, and humbly
demands the judgment of this honorable court &c.

* III. Plea to a bill by assignees of a bankrupt, that the same
was filed without the consent of the creditors ( 4 ).

The plea of &c.

This defendant by protestation &c. [ see form No. I. p. 94.] and
for plea saith that by the statute made and passed in the 5th year
of the reign of his Majesty King George the Second, intituled,

(3) See Ld. Red. Tr. PI. p. 220. 234 : Beames on Pleas, p. 130,

(4) See Ockkstonc r. Betison, 2 8itn. & Stu. "265.

256.

m

PLKAS.

* An act to prevent the committing of frauds by bankrupts' (5), it
is provided that no suit in equity shall be commenced by any as-
signee or assignees without the consent of the major part in value
of the creditors of such bankrupt who shall be present at a meeting
of the creditors pursuant to notice to be given in the London
Gazette for that purpose ; And this defendant doth aver that the
said bill was filed by the said complainants as the assignees of the
estate and effects of the said bankrupt T. C. without the consent of
the major part in value of the creditors of the said bankrupt present
at a meeting of the creditors pursuant to notice given in the London
Gazette for that purpose ; And this defendant doth therefore plead
the matters aforesaid &c.

IV. Plea of bankruptcy of the plaintiff' ( 6 ).

The plea of &c.

This defendant by protestation &c. [see form No. I. p. 94. ] doth
plead to the said bill, and for plea saith she hath been informed and
believes that the said complainant andJ.B. the younger his soa

did for some years before the month of carry on the business

of merchants as copartners together at L. in the county of Y, ;
And that they were before and on &c. jointly indebted on account
of the partnership dealings to many persons to a large amount in

the whole and particularly to H.W. in the sum of £ ; And that

the said complainant and the said J. B. the younger were before
and on &c. severally indebted on their respective separate accounts
to many persons to a large amount in the whole ; And that the
said complainant and the said J. B. or one of them on their said
partnership account before the said &c. committed one or more act or
acts of bankruptcy ; And that a conunission of bankruptcy under the
great seal of Great Britain was on the said day of duly

(5) C. 30. s. 38; and see the 6 Geo. 4. c. 16. s. 88, and note ( 1 ),
antea, vol. i. p. Ill; Eden's Bank. Laws, p. 342.

(6) See Ld. Red. Tr. PI. p. 232; Beanies on Pleas, p. 118, 254; a
plea of bankruptcy must state distinctly and in succession the facts upoa
•which the bankruptcy rests; Carleton v. Leighton, 3 Mer. 667.

A plea that the plaintiB' had taken the benefit of an act for the relief
of insolvent debtors is to he found in 16 Yes. 407, 2d ed.. Da Alhick-
icitz V. Uciiiet/.

PLEAS.

issued against tliem under the names of J. B. the elder and J. B.
the younger on the petition of the said H.W., and that they were
thereupon by the major part of the said commissioners named in tlie
said commission soon after duly found and declared to be bankrupts
as copartners ; And that the said H.W. &c. were duly chosen assig-
nees of the estate and effects of the said complainant and his said son
under the said commission ; And that the usual assignment was made
by the major part of the said commissioners named in the said com-
mission unto the said H.W. &c. of the personal effects of the said
complainant and his said son and each of them ; And that by indenture
of bargain and sale duly enrolled in this honorable court in the year
, the major part of the commissioners named in the said com-
mission of bankruptcy also made the usual conveyance unto the said
assignees of all the real estate of the said complainant and his said
son and each of them ; And that the complainant shortly after the
issuing of the said commission of bankruptcy obtained the usual

certificate from in number and value of the joint creditors

of him and of his son also and also of the separate creditors of
him the said complainant who proved their debts under the said
commission of bankruptcy and also from the major part thereof
from the commissioners named in the said commission ; And that the
said complainant duly conformed himself to the several laws made
and in force concerning bankrupts ; And this defendant hath also
been informed and believes that such certificate was duly confirmed
by the Right Honorable the late Lord Chancellor ; And this defend-
ant for further plea saith she believes that the said commission of
bankruptcy hath never been been superseded but that the same is
now remaining in full force, and therefore as the right claimed by
the said bill to the estates therein mentioned and to the rents and
profits appears by the said bill to have accrued, and if the same
is just and well founded did really accrue long before the date and
issuing forth of the said commission, this defendant is advised that
the said complainant's right and interest to and in the said estate
and the rents and profits thereof, was at the time of the filing of
the said bill and is now vested in the said assignees under the said
commission of bankruptcy for the benefit of them and the other
creditors of the said complainant and his said son jointly and
of the said complainant alone ; All which matters and things this
defendant doth aver to be true, and she pleads the same to the
whole of the said bill, and humbly demands the judgment of this
honorable court whether she ought to be compelled to make any
further or other answer thereto.
Vol. II. G

i)7

98 PLEAS.

*V. Plea by bankrupts of their certificate to the whole of the
plaintiff ^s bill (brought in respect of a demand arisen pre-
vioushj to their bankruptcy), excepting only as to the alle-
gation in the bill that the bankrupts claimed an interest
in the matters in question, which by answer and disclaimer
accompanying the plea they disclaimed, setting forth a re-
lease executed to their assignees of all right and interest in
their surplus estate ( 7 ).

The plea of &c.

These defendants respectively by protestation &c. [ see form
No. I. p. 94.] do plead to so much of the said bill as seeks that
these defendants may make good to the said complainant the loss
and damage alleged to have been sustained by him by the detention
of the four hundred and thirty-four casks of pearl ashes in the said
bill of complaint in that behalf mentioned, and that all necessary
directions might be given to ascertain the amount of such loss ; and
for plea thereto, and to all the discovery sought from these defend-
ants with relation thereto or to any other matters in the said bill
contained, except as to the question whether these defendants or one
and which of them have not or hath not or do not or doth not
claim some and what interest in the matters in question in this cause,
these defendants say that by a statute or act of parliament made and
passed in the 5th year of the reign of his late Majesty King George 2.
and afterwards made perpetual, intituled " An act to prevent the
committing of frauds by bankrupts," it is amongst other things en-
acted that all and every person and persons so become or to become
bankrupts as in such act aforesaid, who should within the time
thereby limited surrender him her or themselves to the acting com-
missioners named and authorized in or by any commission of bank-
rupt awarded or to be awarded against him her or them as in and

(7) See De Tastct v. S/iarpe, SMadd. 51; the plaintiff's bill was held
analogous to the remedy by action at law for money had and received,
and considered as brought in lieu of that action, and consequently that
the certificate was a bar.

A plea of bankruptcy of the defendant is good where the decree
sought is ad rem and not a personal demand, notwithstanding the com-
niission has issued offer the filing of the hill ; Turner v. Robinson, 1 Sim.
A 8tu. 3. " '

PLEAS.

by the said act directed, should have certain allowances In the said
act in that behalf particularly mentioned out of the net produce of
their estate, and every such bankrupt should be discharged from all
debts by him or them due and owing at the time that he she or they
did become bankrupt ; and that in case any such bankrupt should
be afterwards arrested prosecuted or impleaded, such bankrupt
should and might plead in general that the cause of such action or
suit did accrue before such time as he she or they became bankrupts,
and might give the said act and special matter in evidence : And these
defendants do aver that they did respectively become bankrupt since
the period in the said act referred to for the commencement of the
operation and effect thereof, and that a commission of bankrupt
under the great seal of Great Britain, bearing date at Westminster,
the 1st day of October 1812, was awarded and issued against them
together with G. Sharpe the elder deceased their late father and
copartner in trade, under which commission they these defendants
and the said late G. Sharpe the elder respectively were duly found
and adjudged bankrupt, and that these defendants and each of
them did within the time limited for that purpose by the said act,
surrender themselves to the acting commissioners named and au-
thorized in or by the said commission of bankrupt so awarded against
them and the said G. Sharpe the elder, and that these defendants
and each of them did in all things conform as in and by the said act
is directed : And these defendants do aver that the said cause of
action or suit in the said complainant's bill set up against these de-
fendants and each of them, did accrue before such time as these
defendants respectively became bankrupt ; And therefore these de-
fendants severally crave the benefit of the said act and plead the
same in bar to the relief and discovery (except as before excepted)
so sought against them respectively by the said bill of complaint,
and pray the judgment of this honorable court whether they or
either of them shall be compelled to make any other or further
answer to the said complainant's said bill of complaint, save only as
to the part thereof above excepted out of this their plea ; And these
defendants not in any sort waiving their said plea, do for answer to
such said excepted point or question put to them in the said bill
of complaint and not covered by their said plea, or to so much of
such question as they are advised is material or necessary for them
to make answer unto, say that by a certain deed-poll under the
hands and seals of these defendants and the said late G. Sharpe
the elder deceased, dated the 26th day of July 1813, these defend-
ants and the said late G. Sharpe the elder, in consideration of tts.
paid them respectively by the assignees of their estate, released to

m

100 PLEAS.

the said assignees all surplus allowance right title interest benefit
claim and demand which these defendants and the said G. Sharpe
the elder deceased or any or either of them could or might have
claim challenge or demand in to or out of their estate, or against
the said assignees personally in respect thereof both at law and in
equity; And therefore in case these defendants ever had claimed or
pretended to have or claim any interest in the matters in question in
this suit, such claim and interest would as they are advised be now
extinguished or transferred wholly to their said assignees : And
these defendants further severally say they do not know or beheve
that since their said bankruptcy they or either of them have had
claimed or pretended to have or claim, any interest in the matters in
question in this cause, and they do respectively disclaim all right
title and interest therein and in every part thereof.

* VI. Plea of a fine and non-claim to a hill for an account
a7id for a discovery of the defendants title, accompanied
by an answer to part of the hill ( 8 ).

The plea and answer of Dame Mary
Every, Daniel Parker Coke, Wil-
liam Hoskins, and John Fowler, to
the bill of complaint of Allen Butler,
complainant.

These defendants by protestation &c. \see form No. I. j). 94.] as
to so much of the said l)ill as seeks to compel them to set forth an

(8) This is a correct copy of the plea ( as ameode'l ) aliowetl by Lord
Chancellor Thurlow iu Butler v. Ererrj, 1 Ves. jun. 13G, 'li\ ed., 3 Bro.
Ch. Ca. 80, 81, S. C. It is inserted in the 5th volume of ' The Property
Lawyer,' p. 126, (from a M8. in the possession of the editors of that
work ) in a note to a case of Leigh v. Leigh, where all the cases will be
found collected. A similar plea in Dobson v. Leadbeater, 13Ves. 230,
was over-ruled ; an averment of actual seisin being necessary, the words
• being thereby seised,^ being argumentative. See further Ld. Red.Tr. PI.
p. 253, 4th ed. ; Beanies on Pleas, p. 183.

In Leigh v. Leign, cited supra, the plea stated that the defendant at
the time of levying the fine teas seised in possession, it was objected that
such averment was not equivalent to stating lliat he was seised of au
estate oi' freehold; Sir A. Hart, V. (.'. considered the plea as sufhcient
in point of form; (it was however over-ruled upon the ground that
a fine cannot be pleaded to a bill filed merely to prevent a satisfied term
being set up on ejectment.)

PLEAS. 101

account of the rents and profits of the messuages farms lands te-
nements and hereditaments in the said bill mentioned or any part
thereof, late the estate of Sir John Every bart. the intestate in the
said bill named, and of which Sir Edward Every obtained the actual
possession as hereinafter mentioned, and as to so much of the said
bill as prays that possession of such messuages &c. may be delivered
up to the said complainant, or that any title-deeds or writings re-
lating thereto may be delivered up to him, or that an account may
be taken of any rents or profits of the said messuages See. or that
these defendants or any of them may pay to the said complainant
any sums of money on account of such rents and profits, or that
the said complainant may have any other relief touching such mes-
suages &c., and as to so much of the sai I bill as seeks to discover in
what manner or by what pedigree the said Sir Edward Every is the
heir at law of the said Sir John Every these defendants do plead
in bar, and for plea say that after the death of the said Sir John
Every baronet, which happened about June 1779, Edward Every
afterwards Sir Edward Every, baronet, in the said bill named, en-
tered upon the said messuages fai'ms lands tenements and heredita-
ments hereinafter particularly mentioned, claiming the same as heir
at law of the said Sir John Every, and was in the actual possession
thereof and in the receipt of the rents and profits thereof ; and that
the said Sir Edward Every being thereby seised and in the actual
possession of all and singular the messuages farms lands tenements
and hereditaments aforesaid, in Michaelmas Term in the 20th year
of the reign of his present Majesty, a fine sur conuzance de droit
come ceo qiiil a de son done was levied in due form of law before the
justices of the coiu't of Common Pleas at Westminster, between Da-
niel Parker Coke esq. demandant, and the said Sir Edward Every
baronet deforciant, of all the said messuages farms lands tenements
and hereditaments, by the description of the manors of Egginton,
Newton Solney otherwise Newton Soolney, and Hardwick, with the
appurtenances, and of sixty messuages, thirty cottages, ninety gar-
dens, fifty orchards, one thousand acres of land, six hujidred acres;
of meadow, one thousand acres of pasture, one thousand five hun-
dred acres of wood, six hundred acres of furze and heath, two
hundred acres of moor, common of pasture for all cattle, free fishing
in the waters of Trent and Dove, courts leet, court baron, and
view of frankpledge, and whatsoever to view of frankpledge be-
longeth, with the appurtenances in Egginton, Newton Solney other-
wise Newton Soolney, Hardwick, and Ripton, and also of the rec-
tories of Hardwick and Newton Solney, with the appurtenances, and
likewise of all and all manner of tilhcs whatsoever vcarly aiisin<i

102 PLEAS.

growing, or renewing in Egginton, Newton Soolney, and Hard-
wick aforesaid, and moreover of the advowson of the churches of
Newton Solney and Egginton, upon which fine proclamations were
duly made according to the form of the statute in that case made
and provided, and the last proclamation thereon was duly made in
Trinity Term in the 20th year of the reign of his present Majesty,
as by such fine and the proclamations thereupon made and remaining
of record in the said court of Common Pleas may more fully appear:
And these defendants for plea further severally say that the said
estates hereinbefore particularly mentioned, and of which such fine
was levied by the said Sir Edward Every as aforesaid, and such pro-
clamations thereupon made, are all the messuages farms lands tene-
ments or hereditaments of which the said Sir John died seised of
any estate of inheritance either in fee-simple or otherwise : And
these defendants for plea further severally say that the said Sir Ed-
ward Every before and after the levying of such fine, and until his
death, and after the death of the said Sir Edward Every, these de-
fendants Daniel Parker Coke, Abraham Hoskins, and John Fowler,
claiming under him, have been and now are in the peaceable pos-
session of the said messuages and premises and every part thereof
without any lawful entry thereon or on any part thereof by the said
complainant or any person whomsoever within five years after the
proclamation so last made as aforesaid or at any time since, and
without any suit at law or in equity touching or concerning the same
messuages and premises or any part thereof prosecuted by the said
complainant within five years after proclamation so last made as afore-
said until the filing of the said complainant's bill ; And these de-
fendants do aver that the said complainant was not at the time of
such fine levied and proclamation thereupon made as aforesaid or
at any time afterwards under any legal disability whatsoever; And
these defendants do aver that the right of the said complainant, if
any he ever had in the sai(i messuages and premises or any part
thereof, accrued before the levying of such fine and five years and
upwards before the filing of the said bill ; All which matters and
things these defendants do plead in bar to so much of the said com-
plainant's bill as aforesaid, and do pray the judgment of this honor-
able court whether they ought to be compelled to make any further
or other answer thereto ; And as to so much and such parts of the
paid bill as they these defendants have not pleaded unto, they these
defendants in no sort waiving the benefit of their said plea but wholly^
relying and insistiig thereon, these defendants for answer thereto
say they admit it to be true that Sir John Every bart. above men-
tioned was in his life-time and at his death seised or well entitled iit

PLEAS. 103

fee-simple in possession of and to the several estates above men-
tioned, and that being so seised or entitled he the said Sir John
Every died about the time in the said bill of complaint set forth a
widower intestate and without issue ; but they these defendants deny
that to their knowledge or belief the said Sir John Every died with-
out leaving any heir at law of the male line or on the part of his
father, on the contrary they these defendants say that they believe
that &c.

* VII. Plea by an heir at law that he had no lands by descent,
accompanied by an answer admitting that he is heir at law.

The plea of &c.

This defendant by protestation &c. [see form No. I. p. 94.] as to
60 much of the said bill as seeks any relief from or any discovery
from him ( save and except whether he is the heir at law of J. C.
deceased in the bill named) this defendant doth plead in bar thereto ;
And for and by way of plea saith that he hath not nor hath any
person or persons in trust for him, nor on the day of filing the bill
nor at any time before or since had any lands tenements or here-
ditaments by descent coming from the said J. C. deceased this de-
fendant's father ; And this defendant not waiving his said plea but
wholly relying and insisting thereon for answer to the residue of the
said complainant's bill not hereinbefore pleaded unto, or to so much
thereof as this defendant is advised is material or necessary for
him to make answer unto, saith he admits he is the heir at law of
the said J. C. deceased.

l^^-i PLEAS.

* VIII. Plea to an ejectment hill negativing the averment in the
bill as to their being outstanding leases ( 9 ).

The plea of &c.

These defendants respectively by protestation &c. \^see form.
No. I. p. 94.] for plea to the said bill say and aver that James
Armitage in the said bill named was at the time of his death seised
in fee in possession of all the real estates whereof or whereto he
was then seised or entitled ; And these defendants do aver that none
of the said real estates of the said James Armitage were or was let
on lease by the said James Armitage to any person or persons for
any terms or term of years which were or was unexpired at the time
of the death of the said James Armitage ; All which matters &c.

* IX. Plea by several defendants that the plaintiffs arc not next
of kin, and averring that one of the defendants only suS'
tains that character {]0).

The joint and several plea of the
Right Honorable W. Lord B. and
R. H. and F. his wife defendants
to the bill of complaint of J. J.,
D. J., and S. J. complainants.

These defendants by protestation not confessing or acknowledging
all or any of the matters and things in the said complainants' said
bill of complaint contained to be true in such manner and form as
the same are therein and thereby set forth and alleged, do plead
in bar to the said bill, and for plea say that the said complainants
were not nor were any nor was either of them the next of kin of

(9) See Armitage v. Wadstvorth, 1 Madd, Rep. 189: the Vice-CLan-
cellor held that the bill would have been demurrable but for the state-
ment of outstanding leases, and that as the plea negatived the existence
of such leases it was good, and did not stand in need of any averment
by answer. 8ee also Ld. Red. Tr. PI. p. 222, 4th edit.

(10) See Lord Red. Tr. PI. p. 230 ; Beames on Pleas, 121, 128.

pli:a,s. 105

the testator W. J. in the said complainant's bill named at the time
of his death, nor are the said complainants nor is either of them
now tlie next of kin of the said testator ; For these defendants se-
verally for plea say they have been informed and believe it to be

true that H. J. of was the grandfather of the said testator, and

that he had nine children who all died before the said testator W.J.
and only two of such children left issue living at the time of the
death of the said testator, viz. Esther J. and Ann J.; And these
defendants for plea further severally say they have been informed
and believe that li. J. who was one of the nine children of the said
H.J. of Erdington had only one child the said testator W, J. who
survived his father ; And that the said Esther J. died in the life-
time of the said testator having intermarried with W. H. by whom
she had issue one child only, namely, Susannah, who also died in
the life-time of the said testator having married R. L. esq. by
whom she had issue only two children, viz. this defendant W. Lord
B., and E. L. who died in the life-time of the said testator ; And
that the said Ann J. died in the life-time of the said testator having
intermarried with Sir C. F. by whom she had only one child, viz.
Mary, v.ho died in the life-time of the said testator having inter-
married with the Right Honorable H. Earl of A. deceased, by
whom she had six children, who all died in the life-time of the
said testator except one, viz. Lady Mary who married W.H. com-
monly called Lord Viscount A. which said Lady Mary Viscountess A.
was living at the time of the death of the said testator, and has
since died; And these defendants do aver that this defendant W.
Lord B. and the said Lady Mary H. commonly called Viscountess A.
deceased were at the time of the death of the said testator his only
next of kin, and that this defendant W. Lord B. is now his only next
of kin ; And these defendants severally say and aver that the said
complainants were not nor are nor is any or either of them now
the next of kin of the said testator, and do plead the same in
bar to the said complainant's bill, and humbly pray the judgment
of this honorable court whether they shall be compelled to make
any further or other answer thereto ; And these defendants pray
to be hence dismissed with their reasonable costs in this behalf
sustained.

106

PLEAS.

* X. Plea of two outlawric.'!, with the certificates thereof an*

nexed (11).

The plea of &c.

This defendant by protestation not confessing &;c. \^ see form
No. I. p. 94.] and for plea saith that the said complainant now is
and standcth a person outlawed, and is thereby disabled by the
laws of this realm to sue or commence any action or actions suit or
suits in this honorable court or any other court until the said out-
lawry be reversed by due course of law ; For this defendant saith
that on Monday next after the Feast of St. John in the second year
of the reign of his present Majesty King George the Fourth the
said complainant by the name of Edmund Waters late of the Hay-
market in the county of Middlesex esq. was outlawed in an action
of trespass on the case for .£300 at the suit of R. Hill ( as by the
said outlawry sub pede sigilli hereunto annexed appeareth ) ; And
further that on Monday next after the Feast of All Saints in the
second year of the reign of his present Majesty King George the
Fourth the said complainant by the name of Edmund Waters late
of London esq. was outlawed in an action of trespass on the case
for ^'200 at the suit of Joseph Cooper Joseph Watson Thomas
Osborne Stock and Ford Wilson ( as by the said last-mentioned
outlawiy suh pcdc s}g'iUi hereunto also annexed appeareth), both
of which said outlawries do yet stand and remain in full force
and unreversed ; And this defendant doth aver that the said
Edmund Waters the complainant named in the said bill of
complaint, and the said Edmund Waters named in the certificates
of the said outlawries sub pede sigilli hereunto annexed, is one
and the same person and not divers and several, and therefore this
defendant doth humbly demand the judgment of this honorable
court whether or no he shall be compelled to make any other or

(11) This plea was considered to be a perfect plea of the outlawries,
but was held to be defective for want of judicial evidence of the out-
lawries; the error having arisen by the mistake of the clerk of the
outlawries, the Vice-Chaucellor allowed the defeiitlant to withdraw
the plea, and to amend it by annexing an odice copy of the exigent
or record of the outlawry; Waters v. Mayhcw, 1 Siuu <'v- Slu. 220.

A plea of ovitlawry may be filed after an attarhnuiit has issued ;
Wulrts V. Chamlms, X Sim." ^ Stu. 22.i. See further Ld. Ked. Tr. PI.
p. 220; Dtamcs uii IMea?, \k 17, 100.

PLEAS. 107

further answer to tlie said complainant's bill of complaint until the
said complainant shall have reversed each and every of the said out-
lawries, and thereby become a person of ability and capable to ex-
hibit a bill of comj)laint against this defendant, and in the mean
time this defendant prays to be hence dismissed with his reasonable
costs in this belialf sustained.

The following certificates were annexed to the plea :

" London, June 1821.
" Edmund Waters late of the Haymarket in the county of Mid-
*' dlesex esquire outlawed in London on Monday next after the
*' Feast of St. John before the Latin Gate in the 2d year of the
*' reign of King George the 4th, at the suit of R'' Hill.

" R. Hill ( L. S.) Case ^"300.

" Examined, John Young, deputy clerk of the outlawries."

" London, Nov. 1821.
*' Edmund Wat-ers late of London esquire outlawed at the
" Hustings of Common Pleas held at Guildhall in and for the city
" of London on Monday next after the Feast of All Saints in the
*' 2d year of his present Majesty King George the 4th.

"At the suit of Joseph Coopei.', Joseph Watson, Thomas Os-
" borne Stock, and Ford Wilson.

«Beavan(L. S.) Case £200.

'' Examined, W. Haines, clerk of the outlawry."

XL Plea of the statute of frauds to a hill for specific per-
formance of a parol agreement, accompanied Inj an answer
to the matters stated in the bill tending to show a part
performance; — with, a note of the Lord Chancellors decision
on over-ruling the plea {12).

This defendant by protestation &c. [see form No. I. p. 94.] to so
much of the said bill as seeks to compel this defendant specifically to
perform the agreement in the said bill mentioned to have been made

(12) See Lord Red. Tr. Pi. p. 205, 7, and p. 299, 4th edit. ; Beames
on Pleas, 171, 0.

loa

PLEAS.

and entered into between the said fcomplainant and this defendant
for sale by this defendant unto the said complainant of a certain
messuage or tenement in the said bill mentioned, or as seeks to compel
this defendant to execute a conveyance of such messuage or tenement
unto the complainant pursuant to any such agreement, or as seeks
any other relief relating to such messuage or tenement, or as seeks
any discovery from this defendant of or concerning any agreement
made or entered into between the complainant and this defendant
for sale by this defendant unto the said complainant of the said mes-
suage or tenement and not reduced into writing and signed by this
defendant or some person by him this defendant lawfully authorized,
this defendant doth plead in bar, and for plea saith that by an act
of parliament made in the twenty-ninth year of his Majesty King
Charles the Second, intituled, " x\n act for prevention of frauds and
perjuries, " (13) it was amongst other things enacted, that from and
after the 24th day of June 1677 no action should be brought
whereby to charge any person upon any contract or sale of lands
tenements or hereditaments, or any interests in or concerning them,
unless the agreement upon which such action should be brought, or
some memorandum or note thereof should be in writing and signed
by the party to be charged therewith or some other person there-
unto by him lawfully authorized ; As by the said act may appear ;
And this defendant further for plea saith that neither he this defend-
ant nor any person by him lawfully authorized, did ever sign any
contract or agreement in writing for making or executing any sale or
conveyance to the complainant of tlie said messuage or tenement or
any part thereof or any interest therein or to any such effect, or
any memorandum or note in writing of any such agreement ; All
which matters and things this defendant doth aver to be true, and
is ready to prove as this honorable court shall award ; And therefore
he doth plead the same in bar to so much and such parts of the said
bill as aforesaid, and humbly prays the judgment of this honorable
court whether he shall be compelled to make any further or other
answer to so much and such parts of the said bill as is herein and
hereby pleaded unto as aforesaid ; And this defendant not waiving
liis said plea, but wholly relying and insisting thereon, and in aid
and support thereof, for answer to the residue of the complainant's
bill not hereinbefore pleaded unto or to so much thereof as he this
defendant is advised is in anywise material or necessary for him to
make answer unto, he answering saith that he this defendant was in

(13) C. o. s. 4.

VLEAS. 109

the month of and now is seised in fee-simple of the messuage

or tenement in the l>ill mentioned, together with the household goods
and stock upon the })remises, and that the same then were and now
are in his possession or occupation in the manner therein set forth ;
And this defendant also admits it to be true that this defendant was

in the said month of last desirous to sell the said messuage or

tenement and the furniture and stock in and about the same, and
that the complainant being by trade a brewer and maltster was then
desirous of purchasing the same, and that a treaty was in the said
month of had between the said complainant and this defend-
ant for the sale thereof by this defendant to the said complainant ;
And this defendant further answering saith that while the said com-
plainant and this defendant were treating or conversing together as *
to this defendant selling to the said complainant the said messuage
or tenement, the said complainant asked this defendant's opinion
whether S.W. who is named in tlie said bill was not a fit person to
take or become tenant of the said premises, and this defendant having
answered that he this defendant knew nothing to the contrary, the
said complainant then desired that if this deiendant should see the
said S.W. this defendant would send him to the said complainant,
and the said complainant at or about the same time asked this de-
fendant at what yearly rent the said messuage or tenement was rated
in the parish books ; and this defendant having answered that the
said messuage or tenement was in such books rated at the yearly rent

of £ , the complainant further asked this defendant whether the

same would bear rising for that the same was well worth j£ a

year, or conversation to such or the like effect then passed between
the said complainant and this defendant to the best of this defend-
ant's remembrance and belief; but this defendant also saith that this
defendant's declaring that the said messuage or tenement was worth

£ a year proceeded from his speaking in a hurry or by surprise

and without consideration, the said messuage or tenement being
really worth to be let much more than £ a year ; And this de-
fendant further saith that this defendant having seen the said S.W.
shortly after the aforesaid conversation vvith the said complainant,
he this defendant informed the said S.W. that the said complain-
ant wanted to see him the said S.W. for the purpose of treating
with the said S.W. for letting unto the said S.W. the said messuage
or tenement, or to such or the like effect ; And this defendant hath
been since informed and believes that the said S.W. did very soon
afterwards go to the said complainant, and that after some short
treaty was had between them for the complainant's letting the said
messuage or tenement to the said S.W. they the said S.W. and the

no PLEAS,

said romplainant executed a writing bearing date the day of

last and signed by them, whereby it was declared that in case

he the said complainant sliould on or before then next purchase

the said messuage or tenement from B. for which he was then in
treaty with him, that he would then give a lease thereof to the said

S. W. at the rent of £ per annum, although this defendant for

greater certainty as to the date and material contents of such writ-
ing craves leave to refer thereto, now in this defendant's custody or
power, the same having been obtained from the said S. W. by a rela-
tion of this defendant's, and by him delivered to this defendant ; but
this defendant saith he doth not know or believe that the said com-
plainant in writing or otherwise entered into any absolute agreement
or any other agreement than as aforesaid for letting the said mes-
suage or tenement unto the saidS.W. ; And this defendant also
saith that to the best of his this defendant's remembrance and belief
he this defendant did not at any time further or otherwise than as
aforesaid communicate with the saidS.W. for letting the said messuage
or tenement unto him, or executing any lease thereof unto him, nor
was further or otherwise than as aforesaid privy to the execution or

signing of the same agreement dated the day of last by

the said complainant or the said S.W. or either of them, or to the
making of any agreement between them for the complainant's letting
the said messuage or tenement unto the said S. W. before or at the
time of the executing signing or making thereof or until some time
afterwards ; And this defendant is advised and humbly apprehends

that according to the terms of the said writing dated the day of

■ last the said complainant cannot be answerable to the said S.W.

or liable to make any satisfaction to him for or on account of his not
executing a lease of the said messuage or tenement to the said S.W.
or not letting the same to him in case the said complainant should
not be able to purchase the same from tliis defendant ; And this de-
fendant absolutely insists that the said written agreement dated
the day of is now void and of no effect, as the said com-
plainant was not become the purchaser of the said messuage or

tenement by now last past ; And this defendant further saith

he believes that the sum of £ in money and an annuity of

£ for the life of this defendant were not in the said month

of last near a full and valuable consideration for the purchase

of the freehold and inheritance of the said messuage or tenement.
[ And denies combination. ]

W.A.

PLEAS. Ul

Observation. — The answer takes no notice of the cliarge tliat the
defendant delivered tlie deeds to the attorney for the purpose of
examining the title and preparing the conveyance ; and tliat there-
fore in arguing the plea that charge must be admitted to be true ;
there was nothing in the instructions concerning that charge.

The bill and the facts stated in the answer were laid before A.
and S. separately, they both advised the plaintiff to plead the statute
of frauds.

The Lord Chancellor, Hilary Term, over-ruled the plea in this
cause, but ordered it to stand for an answer, with hberty to except
and saving to the defendants the benefit of the statute. At the
hearing he considered the bill in the same light as if it had stated
merely a parol agreement ; for the matters contained in the bill *
tending to show a special performance of the agreement were so
frivolous they might as well have been left out. Considering the bill
in that point of view, he thought the plea a bad one ; because it
went to the discovery of that M'hich if the court could be satisfied
of the truth of by any other means but by evidence, they would
decree performance of the agreement. He was therefore of opinion
that the plea should be supported by an answer denying the fact of
the agreement, and seemed to think that where the defendant pleads
the statute of frauds and by his answer admits the agreement, the
answer over-rules the plea, and the court would decree execu-
tion. He also observed that where a bill stated an agreement with-
out mentioning it to be in writing a demurrer would be the proper
mode of pleading according to the general rules of and principles
of demurrers, because it appears on the face of the bill that the
plaintiff has not made out such a case as entitles him to relief; but
he added that the usual course was to plead the statute to such a
bill, and that the practice had obtained by analogy to the courts of
law, where if the declaration stated an agreement without mention-
ing it to be in writing, it was always usual to plead the statute in
bar to it.

112 PLFIAS.

XII. Plea of the statute of frauds in bar to so much of a bill
as sought to compel the specific performance of a parol
agreement for a lease.

The plea of &c.

This defendant by protestation &c. [ see form A o. I. p. 94.] as to
so much of the said bill as seeks to compel this defendant or any
person or jDersons claiming under him to execute a lease in writing
of the several lands and tenements in the said bill mentioned or of
any of them or of any part thereof pursuant to the pretended
agreement in the bill mentioned, and as to any relief theieby prayed
touching such lease and agreement, this defendant doth plead in
bar, and for plea saith that by an act of parliament made in the
twenty-ninth year of the reign of his late Majesty King Charles the
Second, intituled " An act for the prevention of frauds and perjuries;"
it is amongst other things enacted, that from and after the 24th day
of June 1677, no action shall be brought whereby to charge any per-
son upon any contract of lands tenements or hereditaments or any in-
terest in or concerning them, unless the agreement upon which such
action shall be brought or some memorandum or note thereof shall
be in writing and signed by the party to be charged therewith, or
some other person thereunto lawfully authorized ; As by the said
act may appear ; And this defendant avers that neither he this de-
fendant nor any person by him lawfully authorized, did ever make or
sign any contract or agreement in writing for making or executing
any lease to the said complainant of the same premises or any of
them or of any part or parcel thereof or to any such effect as by the
said bill is suggested, or any memorandum or note in writing of any
agreement whatsoever for or concerning the demising or leasing or
making or executing any lease of the said premises or any of them
or any part or parcel thereofto the complainant; And therefore this
defendant doth plead the said act of parliament and the matters
aforesaid in bar to so much and such part of the said bill as seeks
to compel this dv^iendant or any person or persons claiming under
him to execute a lease to the complainant of the several lands and
tenements in the bill mentioned or any of them or of any part or
parcel thereof pursuant to the said pretended agreement and as
to any the relief thereby prayed touching such lease and agreement,
and humbly prays the judgment of this honorable court whether
he shall be compelled to make any further or other answer &c.

PLEAS.

Xlll. Plea of the statute of limitations to a bill by an ad-
ministratrix for account.

The plea of &c.

This defendant by protestation &;c. [see for7n No. I. p. di.] to
all the discovery and relief in and by the said bill sought from or
prayed against this defendant, other than and except such parts of
the said bill as seek a discovery of or concerning the age of T.N.P.
in the said bill named, or a discovery whether the said T.N. P. out
of respect or affection for the said T. P. his father did not forbear
or was not unwilling to take or use any compulsory measures for
obtaining a settlement of the accounts of the matters in the said
bill mentioned, this defendant doth plead in bar, and for plea saith
that by an act of parliament made and passed in the 21st year of
King James the First, intituled, " An act for limitation of actions
and for avoiding suits at law," it was enacted &c. [stating the
act] (14) ; And this defendant for further plea saith that if the said
complainant either in her own right or as administratrix of the said
S. N. deceased, or as administratrix of the said personal estate of
R. N. deceased in the said bill named or otherwise ever had any cause
of action or suit against this defendant or against the said T. P.
this defendant's testator for or concerning any of the matters in the
aforesaid bill of complaint mentioned which this defendant doth in no
sort admit, such cause of action or suit did accrue or arise above
six years before the filing of tlie complainant's bill of complaint, and
above six years before serving or suing out process against this de-
fendant to appear to and answer the same bill; and the said T.N. P.
was not at any time within upwards of six years before the filing of
the complainant's bill, or within upwards of six years before the
serving or suing out process against this defendant to appear to and
answer the said bill, nor hath the complainant at any time since the
death of the said T. N. P. been under any of the disabilities men-
tioned and described in the said act of parliament ; And this de-
fendant for further plea saith that neither he this defendant nor to
his knowledge or belief the said T. P. deceased this defendant's
testator did at any time within six years before exhibiting the said
bill or serving or suing out process against this defendant to appear

(14) C. H3. s. 3; and see Ld. Red. Tr. PI. p. 269; Beanies on Pitas,
p. 161, and note (4), ib.; 15Ves. 198; 18Ves.286; 19 Ves. 185.
Vol. II. H

113

114

PLEAS.

to and answer the same, promise or agree to come to any account for
or to pay or any ways satisfy the said complainant any sum or sums
of money for or by reason of any matters transactions or things in
the complainant's said bill of complaint charged or alleged ; All
which matters and things this defendant doth aver to be true, and
is ready and willing to maintain and prove as this honorable court
shall award ; and he doth plead the same in bar to the whole of the
said bill except such parts as aforesaid, and doth humbly demand
the judgment of this honorable court whether he this defendant
ought to be compelled to make any further or other answer to such
parts of the said bill as he hath pleaded unto ; and this defendant
not waiving or relinquishing their said plea &c. \_as in p. 99], he
this defendant answereth and saith he believes that the saidT.N. P.
attained his age of twenty-one years in or about ; and this de-
fendant doth not know or believe that the said T. N. P. for any time
whatsoever, forbore or was unwilling out of respect or affection for
the said T. P. his father to take or use any compulsory measures for
obtaining any settlement of the accounts in the bill mentioned :
Without that &c.

*XIV. Pica of the statute of limitations to so much of a hill
as soug/tt a discover?/ of title-deeds, and of the defendants
title to the estates in qtiestion, sttpported by averments
shewing an tininterrvpted possession for sixty years and
vpuards in the defendant and the party through whom he
claimed, accompanied by an answer to so much of the bill
as required a discovery of the time when the party through
whom the plaintiff claimed was seised of the estate (15).

The plea of T. L. defendant, to part,
and his answer to the residue of
the bill of M. B. complainant.

This defendant by protestation Sec. \^see form No. \. jj. Q^^.^^ as
to so nuich of the said bill as seeks to have any discovery from this
defendant of all or any or either of the deeds writings evidences

(15) See Ld. Ked. 7 r. PI. p. 258, 271 ; Beames on Pleas, IGl, and
p. 331, where a form of plea of forty years possession without account
is to be found.

PLEAS.

conveyances and assurances in this defendant's custody knowledge
or power, touching or concerning the manor rectory lands tene-
ments grounds and hereditaments in the said bill mentioned or the
right or title thereof, or as seeks a discovery of what estate right title
or interest this defendant hath in or to the said premises in the said
bill mentioned, this defendant doth plead thereto, and for plea saith
that by an act of parliament made in the 21st year of the reign of
King James the First, intituled, " An act for limitation of actions and
for avoiding suits at law," it was enacted that no person or persons
should at any time thereafter make any entry into any lands tene-
ments or hereditaments, but within twenty years next after their right
or title should first descend or accrue to the same ; And in default
thereof such persons so not entering and their heirs should be utterly
excluded and disabled from such entry after to be made (16); And
this defendant doth aver that J. J. in the said bill named, and under
whom the said complainant claims title to the said premises or any
other person for his use or in trust for him, was not at any time
within the space of twenty years next before his the said J. J.'s
death in the possession or in the receipt of the rents or other
profits of the manor rectory lands tenements grounds and heredita-
ments and other the premises mentioned in the said complainant's
bill or any part thereof; And this defendant doth likewise aver that
the said J.J. at his death left E. J. his brother and heir at law; And
that the said E. J. or any person for his use or in trust for him was
not in his life-time and after the dea»^h of the said J. J. in the pos-
session or in the receipt of the rents or other profits of the same
premises or any part thereof; And this defendant dotli likewise aver
that the said complainant or any person under whom he claims or
any other persons or person for his or their or any of their use or
in trust for him or them or any of them, were not nor was after the
death of the said E. J. to the time of filing the said complainant's
bill in the possession or in the receipt of the rents and other profits
of the same premises or any part thereof ; And this defendant doth
also aver that the said complainant or any person under whom he
claims or any other person or persons for his or their or any of their
use or in trust for him or them or any of them was not nor were
within twenty years next before the filing of the said complainant's
bill in the possession or in the receipt of the rents or other profits
of the same premises or any part thereof; And this defendant doth
aver that E. B. the grandfather of this defendant's wife was in the

(16) C. 10. s. 1.
H 2

115

J16 PLEAS.

year 1762 for the space of fifty years and upwards then last past
in the continual peaceable and uninterrupted possession and en-
joyment by himself and his tenants of the said manor rectory lands
tenements grounds and hereditaments and every part thereof, and
continued so to be until this defendant entered thereupon in the
said year 1762, in which year this defendant entered upon the said
premises ; And he this defendant from that time to the time of
filing the said complainant's bill [ 1770] was in the continual peace-
able and uninterrupted possession and enjoyment thereof by himself
and his tenants, and is now in the actual possession and receipt of
the rents and profits thereof; And this defendant doth plead the
said act of parliament and such possession and enjoyment as afore-
said to so much of the said bill as is hereinbefore pleaded to ;
And this defendant humbly prays the judgment of this honorable
court whether he ought to make any further answer to so much
of the said bill as is hereinbefore pleaded to ; And this defendant
not waiving his said plea but wholly relying and insisting thereon,
for answer to the residue of the said bill or so much thereof as
this defendant is advised is material or necessary for him to make
answer unto, answereth and saith he believes it to be true that
J.J. in the said bill named was in or before the year 1670 and not
since that year seised or well entitled to him and his heirs in fee-
simple in possession of in and to the manor and rectory of B.,
and divers lands tenements grounds and hereditaments thereunto
belonging and therewith held and enjoyed by the said J. J. and his
ancestors as their family estate situate and being at B* in the county
of : Without that &c.

f

PLEAS. iV

* XV. Plea of a former suit dej)endivg for the same matters
in bar to a bill for account {17 ).

The joint and several plea of R. H.
and G. H. defendants to the bill of
complaint of R. S. and P. D. exe-
cutors of the last will and testa-
ment of J. P. deceased, on behalf
of themselves and all other the
creditoi's of G. S. deceased, com-
plainants.

These defendants by protestation &c. [ see form No. I. p. 94.]
do plead in bar to the said bill, and for cause of plea severally say
that the said complainants together with R. C since deceased did in
or as of Michaelmas Term 1802 exhibit in this honorable court their
bill of complaint which was afterwards amended against J. S. and
these defendants and G. S. now deceased, J. C. now deceased, and
N. N. now deceased, thereby praying amongst other things that &c.
[ stating the prayer ] ; And these defendants for plea severally
further say that they put in their joint and separate answer to the
said amended bill, and which suit is now depending in this honor-
able court ; And these defendants do aver that the said bill now
exhibited against these defendants by the said complainants is for
the same matters as the amended bill before exhibited by the said
complainants and the said R. C. deceased against these defendants
and the said J. S. and the said G. S., J. C. and N.N. now respec-
tively deceased, to which these defendants have appeared and
answered, and which suit is still depending and undetermined;
and therefore these defendants do plead the said former bill and
answer in bar to the ^said complainant's now bill, and humbly
pray the judgment of this honorable court whether they shall be
compelled to make any further or other answer thereto ; And these
defendants pray to be hence dismissed with their reasonable costs
and charges in this behalf most wrongfully sustained.

(17) See Ld. Red. Tr. PI. 24G, 7, 4th edit.; Reames on Pleas,
p. l:J4, G, and p. 330, where a form of a similar plea is to he found ;
Crofts \. Worf.fnf, 1 Ch. Ca. 241; Foster v. Vassall, 3Atk. 5i57; Urliit
y. IJiidsoii, 1 Vcrn. 331 ; JJcvic v. Lord Brownlow, 2 Dick. Oil.

118 PLEAS.

* XVI. Plea of another will in bar to a bill bij a devisee for
redem2)tion{\S).

The plea of &c.

This defendant by protestation &c. [ see form No. I. p. 94.] and
for plea saith that the will and testament in writing of R. M. in the
said bill named bearing date on or about the 27th day of October
1807, and by which it is in the said bill stated that the said R. M.
did thereby give and devise all the estate in the said bill mentioned
called M. together with the slaves and all the chattels implements
and other property thereupon unto the said complainant and this
defendant, to hold the same unto the said complainant and this
defendant their heirs and assigns as tenants in common and not as
joint-tenants, and by which it is also stated in the said bill that the
said testator did give devise and bequeath all the rest and residue
of his real and personal estate of what nature or kind soever and
wheresoever situate unto the said complainant and this defendant
as tenants in common absolutely and for ever, and under which
will the said complainant claims, m as not the last will and testament
of the said R. M., for this defendant saith that the said R. M. duly
made and published another will, which was his last will and tes-
tament in writing, bearing date 15th April 1808, and that such will
was executed by him and attested as by law is required for passing
real estates, and is in the words and figures following ( that is to
say) " This is the last will and testament of me R. M. late of &c.
but now of &c. gent. I direct &c. [.stating the will verbatim, and
also the attestation clause]. And this defendant doth aver that
the estate devised by the said last-mentioned will to this defendant
and her heirs is the same estate of which the said complainant seeks
an account of the rents and profits, and which he seeks to redeem
by his said bill ; And this defendant therefore avers that the said
complainant hath not any title to or interest in the rents and profits
of the said estate in his said bill mentioned, nor in the equity of
redemption thereof, or the title-deeds papers or wi-itings relating
thereto; All which matters this defendant doth plead in bar to
the said bill, and to the discovery and relief sought thereby,
and humbly demands the judgment of this court whether she
shall be compelled to make any further or other answer to the
said bill, and she prays to be hence dismissed with her reasonable
costs in this behalf most wrongfully sustained.

(10) See Ld. lied. Tr. PI. p. 2G3; Bea. on Pleas, 248; 2 Ves. & B. 2(il.

[ H9 ]

CHAPTER XII.

REPLICATIONS.

*1. A general replication to a defendant's ansiver ( 1 ).

The replication of A. B. complainant to the
answer of C. D. defendant.

This repliant saving and reserving unto himself all and all manner
of advantage of exception to the manifold insufficiencies of the said
answer, for replication thereunto saith that he will aver and prove
his said bill to be true certain and sufficient in the law to be answered
unto, and that the said answer of the said defendant is uncertain
untrue and insufficient to be replied unto by this repliant ; Without
this, that any other matter or thing whatsoever in the said answer
contained material or effectual in the law to be replied unto con-
fessed and avoided traversed or denied is true ; All which matters
and things this repliant is and will be ready to aver and prove as
this honorable court shall direct, and humbly prays as in and by
his said bill he hath already prayed.

(1) A replication is the plaintiff's answer or reply to the defendant's
plea or answer. Formerly if the defendant by his plea or answer offered
new matter, the plaintiff" replied specially, the consequence of which
was a rejoinder by the defendant, but special replications are now out of
use ; if however a plaintiff is disposed to controvert a part of the case
made by the defendant's answer, and to admit the rest, he may still put
in a repUcation so far special that it is confined to the particular matter
controverted, instead of being a general denial of the truth of the whole
answer, and then the defendant is put only to proof of the matter
replied to. Ld. Ked. Tr. PI. p. 321, 2, 4th ed.

120 REPLICATIONS.

*II. A special rej^Ucation to the answers of several

defendants ( 2 ).

The replication of John Marshall complainant to
the several answers of Holdsworth Newman,
John Baring, William Newman, and Richard
Newman, defendants to the said complainant's
original and amended bill.

This repliant saving to himself all and all manner of advantage of
exception to the manifold insufficiencies of the said answers, for and
by way of replication saith that his said original and amended bill
of complaint exhibited into this court against the said defendants
and all and every the matters &c. therein contained are true certain
and sufficient in the law to be answered unto by the said defendants,
and that the answers of the said defendants are vmtrue uncertain
and insufficient in the law to be replied unto by this repliant, save
and except that this repliant doth admit to be true as in the said
answers some or one of them is by the said defendants some or one
of them alleged, that the mortgage in the said original and amended
bill mentioned to be made by Philip Marshall deceased to Richard
Newman and Robert Newman deceased and therein respectively
named, and bearing date the 2d day of June 1754, was made and en-
tered into between them of and concerning and comprehended all the
said Philip Marshall's then plantations and meadows in Newfoundland
and in the said original and amended bill and the said defendants*
said answers respectively mentioned, and that the same plantations
and meadows were or are all situate and being in St. John's New-
foundland aforesaid in the said bill also mentioned ; and this re-
Y)liant doth moreover admit it to be true as in the said answers of
the said defendants som.e or one of them is alleged, that on or about
the 2d day of October 1775 the said Philip Marshall did settle an
account with an agent of or for the said Richard Newman then de-
ceased and in the said bill named, or of or for his executors, of
and concerning all and every sum and sums of money therefore due
and owing from the said Philip Marshall to the said Richard New-
man and Robert Newman or either of them their or either of their

(2) This and the preceding form are taken from Hinde's Chancery
Pr. 2f{o, 6. "^

A special replication is always signed by counseL

REPLICATIONS. 121

executors or administrators, and did by an agreement of that date
in writing under his hand and seal admit, and this repliant doth now
hereby admit and acknowledge, that on the said 2d day of October
1755 there was due and owing from the said Philip Marshall on the
said security of all the said plantations and premises, and on the
balance of such accounts the full sum of c£577. 3s. in the said an-
swers or some or one of them mentioned and claimed as the then
balance of such accounts and payable with interest ; Without that,
that there is any other matter or thing in the said defendants' said
answers contained material or effectual for this repliant to reply unto,
and not herein and hereby well and sufficiently replied unto con-
fessed and avoided traversed or denied is true ; All which matters
and things ( save and except as aforesaid ) this repliant is ready to
aver and prove as this court shall award, and prays as in and by
his said original and amended bill he hath prayed.

John Heath.

[ 1-2-2 ]

CHAPTER XIII.

EXAMINATIONS.

* I. Form of examination of a defendant in the Masters office
upon interrogatories settled by a Master pursuant to a
decree.

In Chancery.

Between A. B. - - -

and

CD. - - -

- Complainant,

- Defendant.

The answer and examination of the said de-
fendant C. D. to interrogatories exhibited on
behalf of the said complainant A. B. for the
examination of the said defendant before Sir
J. S. bart. one of the Masters of this court to
whom this cause stands referred, pursuant to
the decree made on the hearing of this cause
dated .

To the first interrogatory this examinant saith that &c.

EXAMINATIONS.

* II. Exatnination of executors in the Masters officcy referring

to schedules cmiiexed ( 1 ).

In Chancery,

Between &c. {^naming all the parties, plain-
tiffs and defendants.^

The examination of the said complainants J.W.
and A. G. the executors of S. P. deceased in the
pleadings in this cause named, upon interroga-
tories exhibited by the said defendants before
J. W. esq. one of the Masters of this honorable
court pursuant to the decree made on the hearing
of this cause bearing date the day of .

1st. — To the first interrogatory these examinants say that shortly
after the decease of S. P. the testator in the pleadings in this cause
named which happened on or about the 3d day of December
which was in the year of our Lord , these examinants em-
ployed T. N. then a licensed appraiser and auctioneer in the city of
Bristol but now deceased, to take an inventory and make an ap-
praisement, and the said T. N. did as these defendants believe take
an inventory and make an appraisement, of all the household goods

123

(I) In staling accounts, if a defendant has set forth in the scliedules
all the receipts and payments down to the time of filing his answer, he
must in his examination state only the subsequent receipts and payments,
and carry on the account from the foot of his answer to the time of
putting in his examination; for although the interrogatories extend to a
wide sweeping inquiry into all receipts and payments, a repetition of
those comprised in the schedule to the answer might subject the exami-
nation to a reference for impertinence; so on the other hand a defective
account, to a reference for insufficiency ; and if for the purposes of
spleen it runs into scandal, it might be referred and expunged.

An examination is subject to all the infirmities of an answer ; the ad-
missions should be so framed that the receipt and application should be in
the same sentence forming one transaction, and not distinct matters, and
should be vnoflatu, otherwise the admission would be evidence of the
receipt, and the application must be proved by evidence; 1 Turn. Ch.
Pr. p. 584, 6th etl.; Blount v. Burrow, I Ves. jun. 540; Ridgewny v.
Darwin, 7 Ves. 404; Thompson v. Lambc, ibid. 507 ; Robinson v. Scotney,
19 Ves. 582.

Examinations do not require to be signed by counsel ; Bonus v.
Flack, 18 Ves. 287, 2d ed.; Jac. Rep. 224; and sec Aeoie v. Price,
iSim. & Stu.99.

124

EXAMINATIONS.

and furniture linen and other personal estate and effects of the said
testator then being in and about his dwelling-house, situate in &c.
( other than and except such parts thereof as consisted of chattel
interests in houses or lands, and money due on mortgages bonds and
promissory notes, and also other than and except such parts of his
said personal estate as were and are by the said testator in and by
his said will and codicil specifically given bequeathed and disposed
of,) and such household goods household furniture and linen so in-
ventoried and appraised were afterwards sold and disposed of by
public auction by the said T. N., and such inventory and appraise-
ment so made and taken by the said T. N. is now in the custody or
power of this examinant A.G., and these examinants crave leave to
I'efer thereto; And these examinants say that they did not make any
inventory or particular of the real estates or of the chattels real or
securities of their said testator, but the same are nevertheless here-
inafter in this their examination fully and particularly mentioned
described and set forth according to the best of their knowledge
and belief.

~d, — To the second interrogatory these examinants say that the
said S. P. the testator in the pleadings in this cause named was at
the time of his death in manner hereinafter mentioned possessed of
interested in or entitled unto a considerable personal estate consist-
ing of leases for terms of years absolute and determinable with lives,
and also of monies due and owing to him upon mortgages bonds
and promissory notes, i-ents and arrears of rent, and the several
household goods and furniture contained and set forth in the said
inventory and appraisement, but no cash to the knowledge or belief
Reference to the of these examinants; And these examinants say that in a schedule
hereunto annexed entitled " The first schedule," and which they
pray may be taken as part of this their examination and to which
they crave leave to refer, they have according to the best of their
knowledge remembrance information and belief, each speaking for
himself, set forth a full true and particular account of all the goods
chattels rights credits debts personal estate and effects whatsoever of
or belonging to their said testator the said S. P. at the time of his
death, with the several and respective natures species kinds sorts
quantities qualities and true and utmost values thereof respectively,
distinguishing what part thereof consisted of chattels real from the
said testator's other personal estate ; And these examinants also
say that their said testator was at the time of his death seised of
a freehold estate consisting of two messuages or dwelling-houses

coach-houses stables and other buildings situate in aforesaid,

but no other freehold estate to the knowledge or i)elief of these

EXAMiNAtlONS. 125

examinants; And these examinants in another schedule hereunto Reference to the
annexed entitled, " The second schedule," which they pray may
be taken as part of this theii- examination and to which they also
crave leave to refer, have according to the best of their knowledge
information and belief set forth a true and particular account of
the said freehold estates of the said testator and of the yearly value
thereof, and of all rents due and in arrear for such freehold estates
at the time of their said testator's death ; And in another schedule Reference to the
hereunto annexed entitled " The third schedule," which they pray 3d Schedule:
may be taken as part of this their examination and to which they
also crave leave to refer, these examinants have set forth a true
account of how much and what particular parts or part of the said
testator's personal estate or of such rents and profits have or hath
at any time or times and when been received got in or possessed by
these examinants respectively, or by any person or persons and
whom by their or either of their order direction privity or consent,
or for their or either of their use respectively, with the several and
respective particulars and the value thereof, and how and when
and by whom and for what use or purpose the same have been sold
paid applied administered or disposed of, and how much and what
part thereof doth now remain in the hands of these examinants
and of each of them and what is become thereof; And these ex-
aminants also say that in the same schedule they have to the best of
their knowledge information and belief set forth a true and parti-
cular account of what debts due and owing to their said testator's
estate are now standing out and unreceived either wholly or in part
and from whom the same are so respectively due and owing, and why
the same have not been got in and received by them ; And they
have also in the same schedule set forth an abstract or list and
short account of all securities now in their hands custody or power
and of all debts due and owing to their said testator's estate.

3d. — To the third interrogatory these examinants say that the said
S. P. was at the time of his death indebted unto several persons
in divers sums of money to a considerable amount ; And these ex- Reference to the
aminants have in another schedule hereunto annexed entitled " The ^^'' *>chedule :
fourth schedule," which they also pray may be taken as part of
this their examination and to which they crave leave to refer, set
forth according to the best of their respective knowledge and be-
lief and so far as they are able, a full true and particular account
of all sums of money paid by these examinants in discharge of
debts due and owing from their said testator at the time of his
death, and to whom such debts were due, and for what and
when and by whom such debts were paid or satisfied respec-

120

EXAMINATIONS.

tively ; And these examinants believe that all such sums of money
so paid as aforesaid were really due and owing from their said tes-
tator at the time of his death, and that nothing now remains due
for or on account of any debts or debt of their said testator, so
far as such debts have come to their knowledge respectively ; And
these examinants say that they have also paid or expended divers
large and considerable sums of money for or on account of the said
testator's funeral expenses and for the probate of his will, and other
expenses relating to his affairs ; And these examinants have in the
last-mentioned schedule set forth an account of such sum or sums
of money as they have so respectively paid on the accounts afore-
said, and also the times when and the persons to whom the same
have been so paid, or how the same have been expended; And
these examinants verily believe that no further sum or sums of
money now remain due or owing to any person or persons in respect
of the debts or funeral expenses of the said testator or otherwise
on account of his estate, except the costs and charges of these
examinants as executors as aforesaid, and particularly the costs of
this suit.

* III. Examination of femes covert entitled to shares of money
in a cause; with the certificate of the commissioners and
affidavit of the attesting witness.

Between &c. [ naming all the parties,
plaintiffs and defendants. ]

The examination of the plaintiffs Hannah D.
and Mary G., in pursuance of an order

made in this cause bearing date the

day of 1786.

Whereas it is ordered by the said order of the day of

last that the plaintiff Hannah the wife of the plaintiff R. D. who

resides at , and the plaintiff Mary the wife of the plaintiff I. G.,

who resides at , should respectively attend E. B. of &c. esq. the

Rev.W. L. of &c. the Rev. J. Q. of &c. and H. D. of &c. or any two
of them, and the said plaintiff Hannah D. was to be solely and
secretly examined by them separate and apart from her said bus-

EXAMINATIONS.

band, how and in what manner and to what uses she was willing and
desirous the third part of the sum of £575. \0s. 5d. cash in the
bank in the said order mentioned should be paid and applied, and
the said plaintiff Mary G. was also to be solely and secretly ex-
amined by them separate and apart from her said husband, how
and in what manner and to what uses she was willing and desirous
her third part of the said cash in the bank should be paid and
applied, and the said E. B., W. L., J. Q. and H. D. or any two of
them who should examine the said Hannah D. and Mary G. were
to take their examinations respectively in writing, and the same were
to be signed by them respectively, and the said E. B., W. L., J.Q.»
and H. D. or any two of them who should take such examinations
were to certify the same in writing, and the signing of the said
Hannah D. and Mary G. and such certificates were to be verified
by affidavit, and upon the return of such certificates such further
order should be made as should be just : Now I the said plaintiflT
Hannah D. being solely and secretly examined by the said E. B.
and H. D. separate and apart from the said plaintiff R. D. my
husband, how and in what manner and to what uses I the said
plaintiff Hannah D. am willing and desirous my third part of the
said sum of £575. lOs. 5d. cash in the bank in the said order men-
tioned should be paid and applied, I the said plaintiff Hannah D.
do say and declare that I am willing and desirous that the sum of
£191. IGs. lOd. being my third part of the said sum of £575. 10*. 5d.
cash in the bank in the said order mentioned may and shall be paid
to the said plaintiff R. D. my husband to and for his own use and
benefit, and I the said plaintiff Hannah D. do hereby freely and
voluntarily consent that the same may be paid to him accordingly ;
And I the said Mary G. being solely and secretly examined by the
said E. B. and H. D. separate and apart from the said plaintiff J. G.
my husband how and in what manner and to what uses I the said plain-
tiff Mary G. am willing and desirous my third part of the said sum of
£575. 10*. 5d. cash in the bank in the said order mentioned shall
be paid and applied, I the said plaintiff Mary G. do say and declare
that I am willing and desirous that the said sum of c£192. 16*. lOd.
being my third part of the said sum of £575. 10*. 5d. cash in the
bank in the said order mentioned may and shall be paid to the said
plaintiff J. G^ my husband to and for his own use and benefit, and
I the said Mary G. do hereby freely and voluntarily consent that the
same may be y)aid to him accordingly ; In witness whereof we the
said plaintiff Hannah D. the wife of the plaintiff R. D. and the
said plaintiff Mary G. the wife of the said plaintiff J. G. have

127

128

EXAMINATIONS,

hereunto signed our names respectively the day of

1786.

Hannah D.
Witness Wade Smith. Mary G.

\^E?idorsed'\

(A)

This is the paper referred to by the affidavit of Wade Smith,
sworn to by him this day of 1786, when the same paper-
writing was produced and shown to the said deponent.

Commissioners' Certificate.

Between &c. [ naming all the parties. ]

To the Right Honorable &c.

We E. B. of esq. and H. D. of gent, do hereby cer-
tify unto your lordship that pursuant to an order made by your

lordship in this cause bearing date the day of 1786, we

have been attended by the plaintiff Hannah the wife of the plaintiff

R. D. who resides at and by the plaintiff Mary the wife of

the said plaintiff J. G. who resides at respectively, and we

have in pursuance of the said order examined the said plaintiff
Hannah D. solely and secretly separately and apart from the said
plaintiff R. D. her husband, how and in what manner and to what
uses she the said plaintiff Hannah D. was wilHng and desirous
the third part of the sum of <£o75. 10*. 5d. cash in the bank in
the said order mentioned should be paid and applied, and we did
at the same time read the said order to her and explain to her
the purport and effect thereof, and we do certify unto your lord-
ship that the said plaintiff Hannah D. did on such her examina-
tion say and declare she was willing and desirous that the sum of
^191. 16>y. lOd. being her third part of the said sum of .£575. lO*. od.
cash in the bank in the said order mentioned might and should be
paid to the said plaintiff R. D. to and for his own use and be-
nefit, and she did thereby freely and voluntarily consent that the
same be paid to him accordingly ; And we do further certify
unto your lordship that we have in pursuance of the said order also
examined the said plaintiff Mary G. solely and secretly separately
and apart from the said plaintifl' J. G. her husband, how and in

KXAMI\ATION?s.

what mannet- and to what uses she the said plaintiff Mary G. was
wiUing and desirous her third part of the sum of £575. 10*. 5di
cash in the bank in the said order mentioned should be paid and
applied, and we did at the same time read the said order to her
and explain to her the purport and effect thereof, and we do cer-
tify unto your lordship that the said plaintiff Mary G. did on such
her examination say and declare she was willing and desirous that
the sum of ^191. 16.s. lOd. being her third part of the said sum
of £575. 10s. 5d. cash in the bank in the said order mentioned
might and should be paid to the said plaintiff J. G. her husband
to and for his own use and benefit, and she did thereby freely and
voluntarily consent that the same be paid to him accordingly, and
we took down such the examinations declarations and consents of
the said Hannah D. and Mary G. in writing, and they thereupon
signed the same respectively as thereby now appears. Witness our

hands the day of 1786.

E.B.
Witness Wade Smith. H. D»

[ Endorsed ]

(B)

This is the paper-writing referred to by the affidavit of Wade

Smith, sworn to by him this day of 1786, when the same

paper- writing was produced and shown to the said deponent*

ri&

Affidavit.
' Between &;c. [ naming all the parties. ]

Wade Smith of , gent, maketh oath and saith that he was

present and did see Hannah D. wife of the plaintiff R. D. and
Mary G. wife of the plaintiff J. G. respectively sign the examina-
tion declaration and consent being the paper-writing marked with
the letter (A), and saith that he was also present and did see E. B.

of , esq. and H.D* of , gent, sign the certificate marked

with the letter (B), and that the names Hannah D* and Mary Gi
now appearing set to the said examination declaration and consent
as the names of the said Hannah D* and Mary G. and the names
E. B. and H. D. now appearing set to the said certificate as the
parties signing the same are of the re.'.pcctive propter hand-writing

Vol. II. 1

130 EXAMINATIONS.

of the said Hannah D. and Mary G. and E. B. and H. D., and
that the name ""S^'ade Smith" now appearing set or subscribed
to the said examin;ition declaration and consent and also to the
said certificate as a witness to tlie signing the same respectively, is
and are respectively of the proper hand-writing of this deponent.
Wade Smith. Sworn &c.

*IV. E.vamhiatiofi of a feme cocert upon a commission, as to
her execution of a deed of settlement (under the 39th and
40th Geo. 3. c. 56.) of monies to which she was entitled,
subject to be laid out in lands in tail ; with the certificate
of the commissioners and affidavit of the attesting witness.

In Chancery.

Between &c. [ naming all the partieSy
plaintijjs and defendants. ]

I., D.\^ . the wife of the said J.G.AV. do hereby declare that
I freely and voluntarily executed the deed mentioned in the plead-
ings in this cause bearing date the 12th day of April 1783, and
that I am well acquainted with the purport and effect thereof, and
desire that the same may be carried into execution. A\'itness my
hand this day of 1783.

Witness John Gibhs. D.W.

C OMMISSIONEIIS' CrRTIFICATE.

Between &c. [naming all the parties.]

To the Right Honorable &c.

We whose names are hereunto subscribed do hereby certify to
your lordship that pursuant to an order made in this cause bearing

date the day of 1783, we attended the said D.W. the

wife of the said J.G.W., and after having separately and apart from
her said husband read to her the deed bearing date the 12th day
of April 1783 in the said decree mentioned and explained io her
the purport and effect tlicreof, we did examine her separately and
apart from her said husband whether she had freely and voluntarily
executed tlic said deed, and whether she was consenting that the

EXAMINATIONS. 131

same should be carried into execution, and on such examination tlie
said D.W. did declare that she had executed the said deed freely
and voluntarily, and was consenting and desirous that the same
should be carried into execution, and that we took down such her
examination or declaration in writing, and that she thereupon signed
the same as the same now appears above written. Witness our

hands this day of 1783.

A.B.
Witness John Gibbs. C. D.

Affidavit.

Between &c. [ naming all the parties. ]

John Gibbs of , gent, maketh oath and saith that he was

present and did see the said defendant D.W. the wife of the said
defendant J. G.W. sign the examination or declaration above written,
and that he was also present and did see the said A. B. and C. D.

sign the certificate above written, and that the name D W

now appearing set to the said examination or declaration, and the

names A B and C D now appearing set to the said

certificate as the parties signing the same respectively, are of the re-
spective proper hands-writing of the said D.W. A.B. and CD., and
that the name John Gibbs now appearing set or subscribed to the
said examination or declaration, and also to the said certificate, as a
witness to the signing the same respectively, is and are of the proper
hand-writing of him this deponent.

John Gibbs. i Sworn &e.

1:32

EXAMINATIONS.

* V. Examination of a person claiming an interest in the pre-
mises in the pleadings mentioned, who had petitioned to
be examined upon an interrogatory pro interesse suo.

In Chancery.

Between H. R. an infant, by John Miller his
next friend ------- Plaintiff,

and
T. J.W., M. A. T. &c. &c. - Defendants.

The answer and examination of G. R. of ,

to a certain interrogatory exhibited before

F. C. esq. one of the Masters of this honor-
able court for the examination of the said

G. R. p)ro interesse suo in certain premises in
the pleadings in this cause mentioned, pur-
suant to an order of this honorable court

bearing date the day of made on

the petition of the said G.R.

To the said interrogatory this examinant saith that by a certain
indenture of lease bearing date &c. ; And this examinant further
saith that by a certain indenture of assignment bearing date &c. ;
And this examinant further saith that the said T. J. W. being en-
titled to the said two-tenth parts or shai'es of and in the said last-
mentioned leasehold messuages or tenements and premises under
and by virtue of the last two mentioned assignments did in and by
a certain indenture of assignment bearing date on or about the

• day of • , for the considerations therein mentioned, grant

bargain sell assign transfer and set over unto him this examinant
all those two full and equal undivided tenth parts or shares (the
whole into ten equal parts or shares to be divided ) of and in all
the said last-mentioned leasehold messuages or tenements and pre-
mises hereinbefore described. To hold the same unto this examinant
his executors administrators and assigns for all the rest residue and

remainder then to come and unexpired of the said term of

years ; And this examinant further saith that under and by virtue
of the last will and testament of the said W. H. and the several
assignments hereinbefore mentioned, he is entitled to eight-tenths of
the said leasehold messuages or tenements and premises comprised

in and demised by the said indenture of lease of the day

of , for all the residue of the said term of \ears thereby

n-antcd.

[ 133 ]

CHAPTER XIV.

EXCEPTIONS.
SECT. I.

EXCEPTIONS TO ANSWERS.

* I. An exception to the answer of several defendants ( 1 ).

In Chancery.

Between W.W., J.W., and C. L. on behalf
of themselves and all other the
creditors of J. B. who shall come
in and contribute to the expense
of this suit, - - Complainants,
and
J.G. andT. B., - - Defendants.

An exception taken by the said complainants to
the insufficient answer of the said defendants.

For that the said defendants have not to the best of their know-
ledge remembrance information and belief, answered and set forth a

(1) Exceptions to an answer must state verbatim the interrogatories
not answered; but if the defendant submits to answer the exceptions,
it is too late to object to the form of them ; Hodgson v. Butterfeld,
2Sim. .tStu. 2:3b\

In preparing exceptions care should be taken that all the points of
insufliciency are embodied in the exceptions; for by the general rule of
practice, a plaintilf is not allowed to add to or alter exceptions after
they are fded ; but this rule bends to circumstances; upon a clear mis-
take accounted for, and on special ap[)licatiun leave has been given to
atnend exceptions, Dolder v. The Bank of England, 10 Ves, 28:i ; and
see Partridge v. Huycrnft, 1 1 Ves. 570; I Turn. Ch. l*r. 784, If the
defendant puts in an insufficient answer to the exceptions, the answer
must be referred back upon the olil exceptions.

Where there are two or more defendants who put in separate and
distinct answers, separate exceptions must be filed to each answer.

134 EXCEPTIONS TO ANSWERS.

full just and true inventory and account of all and singular the goods
and chattels personal estate and effects whatsoever which J. B. the
younger in the said bill named was possessed of entitled to or in-
terested in at the time of the date of the indenture in the said bill
mentioned, and all the particulars whereof the same consisted, and
the quantities qualities full real and true values thereof and of every
such particulars; And whether all or some and which of such par-
ticulars have not and when been possessed or received by or come
to the hands of them the said defendants or the one and which of
them, or some and what person or persons by their or either of
their order or for their or either of their use, and how and in what
manner and when and where and by and to whom and for how much
the same and every or any and what part thereof hath been sold
and disposed of; And wliether any and what parts thereof and to
what value or amount now remain undisposed of and what is become
thereof.

In all which particulars the said complainants except
to the answer of the said defendants as evasive un-
perfect and insuificient, and humbly pray that the
said defendants may be compelled to put in full and
sufficient answer thereto.

Sydolph \ . Monkston, 2 Dick. 609; and where exceptions were taken to
tlie joint answer of two defendants and one of them died, the exceptions
were referred as to the answer of the surviving defendant only, Lord
Hvrbert v. Pnsey, 1 Dick. 'I'i-j.

Upon exceptions taken to an answer for insufficiency, the Master may
look to the materiality of them, and may over-rule immaterial excep-
tions, Agar v. Regent's Canal Compang, Coop. R. 213, 4.

Exceptions to an answer niust be signed by counsel, Candler v. Par-
tington, 6 JMadd. iU2; Yates wUardg, Jac. Rep. 224.

KXCEI'TIONS TO ANSWERS. 136

* II. An exception taken to the answer of a defendant to an
amended bill (2).
In the Exchequer.

Between A. B. - - - Complainant,

and
CD.- - - Defendant.

An exception taken by the f^aid complainant to
the insufficient answer of the said defendant
to the said complainant's amended bill of com-
plaint.

For that the said defendant hath not to the best and utmost of
his knowledge remembrance information and belief, set forth the
documents by which the modus or composition in the said defend-
ant's former answer alleged and insisted upon is made out.

In which particular the said complainant excepts
to the answer of the said defendant as evasive im-
perfect and insufficient, and humbly prays that the
said defendant may be compelled to put in a full and
sufficient answer thereto.

(2) In Williams v, Davies, 1 Sim. S: Stii. 426, where exceptions had
been allowed to an answer, and the bill having been amended tlie de-
fendant put in a second answer, upon exceptions taken to the second
answer, entitled, ' Exceptions taken by the said complainant to the
further answer put in by the said defendant Lewis Davies to the original
bill of complaint, and his answer to the amended bill of complaint filed
by the said complainant in this cause,' they were held lo be irregularly
iotitled, and were ordered to be taken off the tile, because no new ex-
ceptions could be taken to the further answer, but if considered insuf-
ficient, it should have been referred back to the Master upon the old
exceptions.

13^ EXCEPTIONS TO ANSWERS.

* III. Several exceptions taken to a defendant's answer^

Jn Chancery,

Between J. R. ----- ^ Complainant,
and
J. F. and C. R. - - Defendants.

Exceptions taken by the said complainant to the
insufficient answer of the said defendant C. R,
to the said complainant's bill of complaint.

1st. — For that the said defendant C. R, hath not to the best and
utmost of his knowledge remembrance information and belief an-
swered and set forth whether at the time when the reversionary
interest of the said C. R, in the said bill mentioned was put up for
sale as therein mentioned, the Reverend J. F.R. in the said bill
named the father of the said complainant, did not and without the
knowledge of the said complainant, request T. C. in the said bill
named to attend or procure some person to attend the said sale and
purchase the reversionary interest for him the said J. F. R., nor
whether the said T, C. did not request J. G. in the said bill named
to attend such sale and to purchase the reversionary interest of the
said C. R. in the estate in the said bill mentioned for the said J. F.R.
as therein mentioned, nor whether the said J. G. did not accordingly
attend such sale, nor whether he did not become the purchaser of
the said reversionary interest for the said J. F. R. at the sum of
of 1 00 or ai some other and what sum of money.

2d. — For that the said defendant hath not in manner aforesaid
answered and set forth whether in consequence of such purchase
the said J. F.R. did not give instructions to his then sohcitor for
preparing the necessary conveyance of the said reversionary in-
terest in the said estate and premises, and for suffering a recovery
and making a complete settlement thereof according to the recom,-!
mendation of Mr. W. his counsel in the said bill named.

3d. — For that the said defendant hath not in manner aforesaid
answered and set forth whether the necessary drafts of such deeds
were not accordingly prepared by the said Mr. W. for that purpose,
nor whether before such deeds were execuied the said J. F. R. did
not change his mind respecting the same, and give directions to
have fit and proper deeds prepared for conveying the said estate
and premises to the said complainant for the said complainant's o>ya
benefit, nor whether the same was not so made accordingly.

EXCEPTIONS TO ANSWERS.

4th. — For that the said defendant hath not in manner aforesaid
answered and set forth whether the said J. F. II. did not himself
pay the said sum of o£"iOO out of his own proper monies as the
purchase-money of the said estate.

5th. — For that the said defendant hath not in manner aforesaid
answered and set forth whether under the circumstances in the said
bill stated, the said complainant was or can be considered as a
purchaser himself of the reversionary interest aforesaid of the said
estate and premises and why, nor whether the said complainant was
in fact the purchaser thereof, nor whether he did ever and when
advance and pay the purchase-money or any part thereof out of his
own proper monies, nor whether the said J. F. R. was not the actual
purchaser thereof in the manner and under the circumstances in the
said bill stated, and if not why not.

Gth. — For that the said defendant hath not in manner aforesaid
answered and set forth whether the reversionary interest in the said
estate so purchased by the said J. F, R. was not a free gift from him
to the said complainant and for his advancement in life, and if not
why not; nor whether the saidC.R. did not well know thereof at
the time of the execution of the aforesaid conveyance to the said
complainant, nor whether he did not fully concur and approve
thereof, nor whether all or some and which of the rest of the
creditors who had proved debts under the said commission did not
also fully concur and approve of the same.

7th. — For that the said defendant hath not in manner aforesaid
answered and set forth whether the sale of the reversionary interest
aforesaid to the said J. F. R. did not take place in the month of
June :-, or at some other and what time, nor whether the con-
veyance to the said complainant did not take place in the month of
January , or at some other and what time.

8th. — For that the said defendant hath not in manner aforesaid
answered and set forth whether upon the death of his father the

said J. F. R. in the month of March or at some other and

what time the said complainant did not enter into possession of the
said estate under and by virtue of the said conveyance, nor whether
he hath not ever since been in the undisturbed possession thereof
without any claim being made by or on the part of the saidC. R.,
or the validity of the transactions and conveyance in the said bill
stated being questioned by him.

Dth. — For that the said defendant hath not in manner aforesaid
answered and set forth whether under all the circumstances in the
said bill stated the said C. R. hath any and what claim upon the
f>aid ebtate and premises, nor whether he is entitled to question the

J37

138 EXCEPTIONS TO ANSWERS.

validity of the said complainant's title to the said estate, nor whether
the said complainant at any time and when executed any declaration
of trust of the said estate and premises or any part thereof to or
in favor of him the said C.R.

In all which particulars the said complainant excepts
to the answer of the said defendant C. R. as evasive
imperfect and insufficient, and humbly prays that the
said defendant C. R. may be compelled to put in a
full and sufficient answer thereto.

EXCES»TION« TO REiM)RTS. 138

SECT. n.

EXCEPTIONS TO REPORTS ( 1 ).

* I. Exceptions lo a Master s report relating to co-purtncrship

accounts ( 2 ).

In Chancery.

Between T. J. Briggs - - Complainant,

and
J.Smith, Mark Briggs &c. [inserting
all the namesi - Defendants,

by original and amended bill.
And between &c. &:c. [stating the names of the
jjarties,^

by supplemental bill.

Exceptions ( * ) taken by the said M. B. one of
the defendants in the said original and amend-
ed bill and supplemental bill named ( f ), to the
report of J. S. H. esq. one of the Masters of
the High Court of Chancery to whom the said
causes stand referred, made in pursuance of
the decree made on the hearing of the said
causes bearing date the day of .

1st Exception. — For that the said Master hath in and by his said
report certified that he has charged this defendant &c. &c. Whereas

(1) In what cases it becomes necessary lo take objections to the draft
of the Master's rejiort as a foundation tor exceptions, see 2 Madd. Cb.
Pr. 509; 2 Turn. Ch. Pr. "224, 6lh edit.

Where one general exception is taken to the Master's report including
several distinct matters, and the report appears right in any one instance,
the exception must be over ruled ; Iladyts v. Salomons, I (Jox, 249.

(2) Whore objections Iiave been previously taken to the draft of the
report, and any one of the exceptions assigns matter not comprised in
the objection upon which it is intended to be grounded, that exception
will be irregular, and as it should seem must be over-ruled; 2Turn.Ch.
Pr. 224.

As the matter of exception must, if not literally, at least in substance,
be founded upon the objections to the dralt of the report, the following
notes marked (*; and (f), will suflicienlly point out to the student thts
frame of the objections on which the above exceptions were founded :

(*) Objections taken by the said M. B. c'i.c.

(f ) \n framing objeciions, insert these words : * to the draft of the
report of &c. * to be made in pursuance of Ac. And in the statements

140 EXCEPTIONS ro REPORTS.

the said Master ought to have certified that he found this defendant
liad expended the further sum of &c.

2d Exception. — For that the said Master hath in and by his said
report certified tliat lie found that all monies &c.

3d Ea:cej)tion. — For that the said Master hath in and by his
report certified that he finds that the several balances and sums
thereinbefore stated are the clear profits of such co-partnerships
respectively as in the said report mentioned, except as to the sums
thereinbefore mentioned to be unaccounted for by this defendant,
and as to them he was unable to ascertain the clear profits of the
said co-partnerships for the reasons expressed ; Whereas the said
Master cught to have certified that the several sums of money
stated by this defendant in his examination to have been the profits
wade by this defendant on &c. &c.

Wherefore the said iNI. B. excepts to the said
Master's report, and humbly appeals therefrom to
the judgment of this honorable court.

I

* II. Exceptions to a Masters general report taken on the ground
of the allowances 7nade to the defendant an executor, in the
accounts subjoined to the report by way of schedule ( 3 ).

In Chancery.

Between Ann Freeman &c., - Complainants,
and
W. Fairlie - - Defendant.

Exceptions taken by the said complainants to the

general report of one of the Masters of

the High Court of Chancery to whom the said
cause stands referred, made in pursuance of the
decree made on the hearing of the said cause
bearing date the 3d day of February 1816.

Ist Exception. — For that the said jMaster hath in and by his said
general report and the second schedule to which it refers allowed to

of the several causes of objection, instead of the worils ' hatli in and by
liis said report certified,' insert these words, ' liath in and by the said
draft of his report stated that' &c. And instead ot ' ought to have certi-
fied' I've, insert ' ought to have stated that'<!i:c. And conclude thus:
'Wherefore the said M.H. objects to the said draft of the said
Master's report, and prays that he will re-consider and alter the same.'
Or thus: ' In all which particulars the said defendant M. B, submits that
the draft of the said report ought to be varied and rectified.'
i (3) These exceptions were allowed ; see Freeman v. Fairlie, 3 Mer. 24.

EXr.RPTTONS TO REPORTS.

the said defendant by way of discliarge various sums of money
amounting together to 1835 sicca rupees or thereabouts, being equal
to the sum of ^229 sterling or thereabouts, by way of commission
at the rate of £5 per cent, on principal and interest monies received
by the said defendant on account of the personal estate of his tes-
tatrix in the pleadings named ; Whereas the complainants submit the
said sums of money by way of commission or any of them ought
not to have been allowed to the said defendant in respect of such
his receipts, he the said defendant being an executor, and his tes-
tatrix having by a codicil to her will desired her executors would
each accept 500 sicca rupees as some small acknowledgment for the
trouble they would necessarily have in the execution of the trusts
reposed in them.

2d Exceptio7i. — For that the said Master hath in and by his
said general report and the second schedule to which it refers
allowed to the said defendant by way of dischai-ge various other
sums of money amounting together to 2768 sicca rupees or there-
abouts, being equal to o£'346 sterling or thereabouts, by way of com-
mission at the rate of £5 per cent, on sums annually credited by the
said defendant in his account as executor for interest from time to
time in his hands, and with which interest he is charged in the first
schedule to the said report ; AYhereas the complainants submit the
said defendant is not entitled to and ought not to have been allowed
such last-mentioned commission for the following ( among other) rea-
sons : — First, Because the sums credited for interest were not in
fact received by the said defendant and invested as part of the per-
sonal estate of the said testatrix, but were (as appears by the two
examinations of the said defendant ) together with the aforesaid
principal monies mixed with the funds of the diiferent mercantile
houses in which the said defendant was and is a partner and used in
their business of merchants ; And secondly, Because by virtue of the
said decree the said Master is directed to inquire what interest and
profit has been made by the said defendant of the personal estate of
the said testatrix, and what balance he had from time to time in his
hands belonging thereto, and that therefore the complainnts are ad-
vised the said Master is not at liberty to make to the said defendant
any allowance or abatement from the interest admitted by the said
defendant to have been made by him, or with which he has sub-
mitted to be charged.

Wherefore &c.

Ml

142

EXCEPTIONS TO REPORTS.

* III. Eaccpfio})s to a Master s report hi favor of a title de-
jjcruling on the validity of a recovery ( 4 ).

in Chancery.

Between Christopher Shapland, Complainant,
and
James Smith, - - Defendant.

Exceptions taken by the said defendant to the
report of J. E. esq. one of the Masters of the
High Court of Chancery to v.hom this cause
stands referred by the decree made therein on
the 18th day of May 1778, whereby it was re-
ferred to him to see whether the plaintiff can
make a good title to the estate in question to
the defendant, and which report bears date the
27th day of November in the year 1799.

1st Exception. — For that the said Master has by his said report
certified that he was of opinion that the plaintiff, together with the
trustees and mortgagees, may make a proper conveyance by lease
and release to the purchaser (under a good title) in fee, and that the
term of fifty years therein mentioned under the settlement of 1731
in the said report mentioned, the term of ninety years therein men-
tioned in the deed of September 1770 in the said report mentioned,
and the term of one thousand years in the said report mentioned to
have been created the 21st of April 1772, must be assigned to a
trustee for the purchaser to attend the inheritance ; Whereas the
said defendant apprehends that the said Master ought to have cer-
tified that a good title could not be made by the plaintiff to the said
defendant for the reasons following : First, For that it appears by
the abstract left by the said complainant with the said Master, that
by the indentures of lease and release of the 15th and 16th days of
August 1781 therein mentioned the estates in question v.ere con-
veyed from and after the death of C. S. and Mary his then intended
wife therein named, to trustees in moieties for the term of fifty
years in each moiety, in trust for raising of 10,000 for the younger
children of the said marriage as the said C. S. should by his will

(4) See Shapland v. Smith, 1 Bro. Ch. Ca. by Belt, p. 74 ; 2 Turn.
Cb. Pr. 137.

EXCEPTIONS TO REPORTS. 143

direct ; and it appeared to the said Master that there were two
younger children of the said marriage, viz. C. S. and R. S. ; But it
has not been made to appear before tlie said Master that the said
two several terms of fifty years have been assigned to attend the
inheritance, nor in whom the same are now vested ; And secondly ,
For that it appears by the said abstract that J. S. who by the ab-
stract is stated to be seised in fee of the lands in question, by his
will dated the 21st of June 1770 devised the same to trustees to
hold to them their heirs and assigns for ever, upon trust and to and
for the uses intents and purposes thereinafter mentioned ; viz. in the
words following: "Upon trust that they the said J. B., J. S. and
G. S. and their heirs and assigns shall yearly and every year by
equal quarterly payments by and out of the rents and profits of
the said ])remises after deducting rates taxes repairs expenses and
outgoings, pay such clear sum as shall then remain unto my brother
C. S. and his assigns for and during the term of his natui'al life ; And
from and after his decease. To the use and behoof of the heirs male
of the body of the said C. S. lawfully to be begotten as they and
every of them shall be in priority of birth ; And in default of such
issue, I give and devise the same unto C. S. son of the said G. S. for
his life, and after his decease unto the said J. B., G. S. the elder,
and J. S. and their heirs upon trust to support the contingent re-
mainders from being defeated ; And after their decease. To the use
and behoof of the right heirs of the body of the said C. S. lawfully
begotten ; And in default of such issue, I give and devise the same
unto his brother G. S. and the heirs male of his body lawfully is-
suing ; And in default of such issue. To J.S. his brother and the heirs
male of his body lawfully begotten ; And in default of such issue. To
his brother G. S. and the heirs male of his body lawfully begotten;
And in default of such issue To the right heirs of the said J. S. for
ever;" And the said defendant therefore humbly submits to the
judgment of this lionorable court whether by virtue of such will
the legal estate of and in the premises did not become vested in
the said trustees, and whether the said C. S. the son took any greater
interest in the lands than for his natural life and to his firsst and
other sons in tail, and whether therefore the recovery in the said
abstract mentioned to have been suffered by the said C. S. in
Michaelmas Term 1770 is not void, and whether J. S. the son of
the said C. S. ( which J.S. is now living but not a party to the ?uit
mentioned in the report ) hath not now as the first son of the mar-
riage an estate tail in the said land ; And thirdly, For that it appears
by the said abstract that by indenture dated the 5th day of Oc-
tober 1775 the said C. S. and E. his wife declared the uses of a

144 EXCEPTIONS TO REPORTS.

fine levied by them in Trinity Term then last of the estates irt
question to and for the confirmation of certain indentures of lease
and release of the liitli and 14th days of July then last, \vhereby
after reciting various mortgages, he conveyed the estates in question
to trustees and their heirs in trust to be sold ; and for securing the
payment of several sums of money therein mentioned, and also for
securing a fiu'ther sum of £900, and for raising ^6000 upon trusts
intended to be mentioned in an indenture of the 6th of October
1775, whereby the said C. S. in consideration of his marriage and of
his wife's portion of i.'6000 and in consideration that he had pre-
viously to his said marriage agreed to settle on her in case she sur^
vived him and on her children a competent provision, and in con-
sideration that she had acknowledged the said fine, and of the love
which he bore to his wife and children, and in performance of the
said agreement, did give grant and appoint unto trustees therein
named the sum of £6000 (parcel of the surplus money for which
he had contracted to sell the estates to the plaintiff), Upon trust
that after the £6000 should be raised by the said trustees, they
should place the same out at interest and pay the same to the said
C. S. for his life, and after his decease to the said E. S. for her
hfe, and after her decease, Upon trust to pay and divide the said
£6000 to and among their then children, and to and among such
other children as they should have, in manner therein mentioned j
but as it is not declared by the said indenture that the receipt of
the trustees should be a sufficient discharge for the payment of the
said sum of £6000, and it has not been made appear before the
Master what the agreement was which is recited in the said deed
to have been made previously to the said marriage for making
a provision for the wife and children, and neither the trustees for
sale of the said estates nor the children the said marriage are
parties to the suit, therefore the said defendant humbly submits
whether any proper discharge can be given for the said sum of
£6000 (part of the purchase-money), and whether the purchaser
can therefore safely pay the said purchase-money.

2d Exception .-^Yov that as the said Master hath certified that
the plaintiff together with the trustees and mortgagees may make
a proper conveyance by lease and release to the purchaser under a
good title in fee, and it appears by the abstract brought in before
the said IMaster that there are various mortgages and incumbrances
upon the estates in question in this cause, and none of such mort-
gages or deeds have been brought in or produced before the said
Master, and therefore it did not appear to the said Master, nor is
it stated by the said report what incumbrances there are upon the

EXCEPTIONS TO REPORTS. H5

said estates, nor who are the necessary parties to make a legal
conveyance thereof, supposing the said C. S. took an estate tail in
the lands in question and legally barred the same and all the re-
mainders over, therefore the said defendant humbly insists that the
said Master ought either to have stated by his said report that the
said C. S. could not alone make a good title to the estate in ques-
tion, or should have set forth particularly who by name are neces-
sary parties to make a legal conveyance thereof.

Wherefore the said defendant doth except to thd

said Master's said report, and appeals therefrom to

the judgment of this honorable court.

* IV. General exception to a Master s certificate of insufficiencij,
under an order of reference to look into the plaintiff's bill
and the defendant's ajiswer and the exceptions taken thereto,
and to certify whether the answer be sufficient in the points
excepted to or not ( the defendant not submitting to answer
the exceptions ) ( 5 ) .

In Chancery.

Between J. S. and A. his wife, - Plaintiffs,
and
G. B. and others, - - Defendants.

An exception taken by the said defendant G. B^
to the report of ^ir ^- S. bart. one of the
Masters of this court to whom the said cause
stands referred, bearing date the 15th day of
November 1822.

For that the said Master hath in and by his said report certified
that the answer of the said defendant G. B. is insufficient in all
the points excepted unto ; Whei'eas the said Master ought to have
disallowed all and every the exceptions taken by the said com-
plainants to the said answer of the said G. B., and to have re-
ported that the said answer is insufficient in all the points excepted
iinto by the said complainant.

In all which particulars the said defendant G. Bi
excepts to the said Master's said report.

Vol. IL

(5) See 1 Turn. Ch. Pr. 788, 9, 6th edit.

14G

EXCEPTIONS TO REPORT?.

* V. Exceptions to a Master's report of insufficiency, after a
second caisiver put in by the defendant.

In Chancery.

Between J. S. and A. his wife, - Plaintiffs,
and
G. B. and others, - - Defendants.

Exceptions taken by the said defendant G. B. to
the report of P. H. esq., one of the Masters
of this honorable court, made in this cause
and dated the 14th day of March 1803.

1st Exception. — For that the said Master hath in and by his said
report certified that the said defendant's first and second answers
put in to the said complainants' bill are insufficient as to part of the
10th exception taken by the said complainants to the said defend-
ant's said answers, and the said Master hath thereby certified that
the said defendant hath not answered and set forth according to the
best of his knowledge remembrance information and belief, for whose
benefit and on whose account the trade in the pleadings in this
cause and in the said report mentioned hath been carried on from
time to time since the same ceased to be carried on for the benefit
or on the account of the persons interested in the estate of A. G.
in the said report named, or the income thereof; Whereas the said
Master ought not to have not so certified.

2d Exception. — For that the said Master hath in and by his said
report certified that the said defendant's said answer is insufficient
in the 12th and 13th exceptions throughout, which the said Master
ought not to have done.

3d Exception. — For that the said Master in and by his said
report hath certified that the said defendant's said answer is insuf-
ficient in part of the 17th exception taken thereto by the said
complainants; Whereas the said Master ought not to have so
certified.

4th Exception. — For that the said Master hath in and by his
said report certified that the said defendant's said answer is insuf-
ficient as to the 19th, 20th, 21st, 22d, 23d, 27th, 28th, and 29th
exceptions throughout ; Whereas the Master ought not to have so
certified.

In all which said particulars the said defendant
G. B. doth except to the said Mastei-'s said report,
and humbly appeals therefrom to the judgment of
this honorable court.

EXCEPTIONS TO REPORTS. 147

* VI. Exceptions to a Master s certificate of insufficiency, under
an order of reference to certify whether an examination
of a creditor going in under the decree in a creditors
suit, to interrogatories settled by the Master, is sujfflcient or
not ( 6 ).

In Chancery.

Between A. P. and another, - - Plaintiffs,
and
Ann D. widow, - - - Defendant.

An exception taken by C. C. who claims to be
admitted a bond-creditor of P. D. to the report
of F. P. S. esq. one of the Masters of this
court, dated the 10th March 1810.

For that the said Master hath in and by his said report certified
that the answer and examination of the said C. C. to interrogatories
settled by the said Master for the examination of the said C. C. is
insufficient ; Whereas the said Master ought to have certified that
the said answer and examination is sufficient.
In all which particulars &c.

(6) See Sta7iyford V. Tvdor, 2 Dick. 548 ; Paxton v, Douglas, lOVes.
239, 244 ; 2 Turn. Ch. Pr. 152, and the note ibid.

K 2

[ 148 ]

CHAPTER XV.

INTERROGATORIES.

SECT. T.

FORMS OF TITLES, AND OF THE FIRST ANb LAST GENERAL
INTERROGATORIES.

In Chancery.

i. Title of inter-
rogatories, in
Chancery, for exa-
mination of wit-
nesses in chief on
the part of the
plaintiff.

Interrogatories to be administered to witnesses to
he produced sworn and examined in a certain cause
now depending and at issue in his Majesty's High
Court of Chancery at Westminster, wherein W.C. is
complainant and M.W. is defendant, on the part of
the said complainant.

In Chancery,

2. Title of inter-
roeatories, in
Chancery, for exa-
mination of wit-
nesses in cliief on
the part of some
of several defend-
ants.

Interrogatories to be administered to witnesses to
be produced sworn and examined in a certain cause
now pending and at issue in his Majesty's High Court
of Chancery at Westminster, wherein by original and
amended billJ. H., C.H., &c., &c., C. H. and A. H.,
infants under the age of twenty-one years, by the said
L. H. their father and next friend, C.V. &c. &c., are
plaintiffs, and T. R. B. and D. his wife, T.W.B. &c.,
and E. B. and H. B. infants under the age of twenty-
one years, by the said T. R. B. their guardian, are
defendants; and wherein by supplemental bill J. H.,
C. H., &c., &c., are plaintiffs, and T. R. B. and D.
his wife, &c. &c., are defendants, on the part of all
the said defendants except the said defendants J. J.
andG.y.

FORMS OF TITLES.- 149

In the Exchequer.

Interrogatories to be administered to witnesses to 3. Title of in-

. , . . terrogatories, in

be produced sworn and examined m a certam cause the Exchequer,

now depending and at issue in his Majesty's Court ^^^ examination
r o J J q{ witnesses m

of Exchequer at Westminster, wherein A. G. and chief on the part
CD. are complainants, and E. J., J. C, T.W.G., «f the plaintiffs.
and H. G. are defendants, on the part and behalf of
the said complainants.

In Chancery,

Between A. B. ----- Complainant,
and
CD. ----- Defendant.

Interrogatories to be exhibited for the examination 4. Title of in*

of witnesses on the part and behalf of the said com- oa^f^r?/"forex-

plainant, to be produced sworn and examined pur- amination of wit-

suant to the decree made on the hearing of the said of the plaintiff

cause bearing date . pursuant to a

° decree.

In Chancery.

Between A. B. and CD.- - Complainants,
and
E.F. andG. H. - - Defendants.

Interrogatories to be exhibited by the said com- 5. Title of in-
plainants before W.G. esq. one of the Masters of ^^^J^JJ^""^^;. '".
this honorable court, for the examination of the ere- amination of cre-
ditors of T. H. esq. deceased in the pleadings in this witnesses pnrsu-
cause named and of their witnesses, in pursuance of ^"^ *** * decree,
the decree or decretal order of this court made on
the hearing of this cause bearing date .

150

FORMS OF TITLES*

6. Title of in-
terrogatories, in
the Exchequer,
for examination
of a defendant
pursuant to a
decree.

In the Exchequer.

Between T. H. Complainant,

and
S. A. _ - - - - Defendant.

Interrogatories to be exhibited on behalf of the
said complainant before A. M. esq. the deputy to his
Majesty's Remembrancer of this honorable court,
for the examination of the said defendant pursuant
to the decree made on the hearing of this cause,
bearing date .

In Chancery.

7. Title, in Chan-
cery, in the case
of a contempt
for signing a
counsellor's name
to a bill without
Lis authority.

Interrogatories to be administered to L. M. soli-
citor to the bill filed in his Majesty's High Court of
Chancery on behalf of A. B. against C. D.

In Chancery.

8. Title of in-
terrogatories, in
Chancery, for ex-
amination of a
jterson de bene
esse, pursuant to
an order made
in a cause.

9. Title of an in-
terrogatory, in
Chancery, for ex-
amination of a
person pro inte-
resse suo, pursu-
ant to an order
made on petition.

Interrogatories to be exhibited to D. G. of ,

for the examination of the said D. G. de bene esse
in a certain cause now depending in the High Court
of Chancery, wherein J. P. is the plaintiff, and J. S.
and T. S. arc tlie defendants, pursuant to an order

of tliis honorable court bearing date , on the

part and behalf of the said complainant.

In Chancery.

Between H. R. an infant by J. M. his next
friend, , - - - Plaintiff,
and
T. J.W. and J. S. B. Defendants.

An interrogatory to be exhibited to G. R. of ,

before F. C. esq. one of the Masters of this honorable
coiu't, for the examination of the said G. R. jjro inte-
resse suo in certain premises in the pleadings in this
cause mentioned pursuant to an order of this honor-
able court bearing date , made on the petition

of the said G. R.

FORMS OF TITLES. 151

Another Form.

In the Excheciuer.

Between A. B. Complainant,

and
CD. ----- Defendant.

Interrogatories to be exhibited before A. M esq. ^^lojitlejf^
the deputy to his Majesty's Remembrancer ot this ^J^g Exchequer,
honorable court, for the examination of the said ^^;- ^^^^^Z
defendant C. D. pro interesse suo in certain estates pro interesse suo.
in the pleadings in this cause mentioned, pursuant to
an order made by the said court bearing date .

In Chancery.

Between A. C. Complainant,

and
T. H. Defendant.

Interrogatories to be exhibited on the part of the ^^//;„^^UIe^ of in-
said complainant for the examination of A. B. as to chancery, for ex-
his interest in the event or decision of this cause, ^™';^i^«^'j«^^ «f ^,5,
the said A. B. being a witness produced sworn and interest in the
ofFered to be examined in the said cause on the part ™^"^'*
and behalf of the said defendant.

In Chancery. . „,.,<••

Interrogatories to be exhibited to witnesses Pu^" J/J/^l^f j;"
suant to an order of his Majesty's High Court ot chavcery, to the

Chancery bearing date the day of , on the credit ot^wu-^^

part of A. B. complainant, and made in a certain ^n the pan of
cause there depending and at issue wherein the said the detendant.
A. B. is complainant and C. D. is defendant, to dis-
credit the testimony of E.F. and G. H. two witnesses
heretofore examined in the said cause on the part of
the said defendant ( a) upon interrogatories.

(«) If the witnesses were examined before commissionors, proceed

'^'"'u,^n n.terrogatorics by virtue of a commission i.sucd -^^^}^
said court directed to G. K. and others for the examination ot witnesses
in the said cause.'

152 INTERROGATORIES.

In the Exchequer.
IS. Title of in- Interrogatories to be exhi])ited to witnesses by or

the Exchequer, o" behalf of C. D. defendant before Sir R. R. knt.

to the credit of one of the barons of his IMaiesty's Court of Exche-

witnesses exa- ■ ^ , j ^

mined before a quer at V/estniinster, pursuant to an order of the

orth" pi^;^iff!'"' ^'-^i^^ court bearing date the day of , and

made in a certain cause there depending and at issue
wherein A. B. is complainant and the said C. D. is
defendant, to discredit the testimony of E. F. and
G. H. tAvo witnesses heretofore examined before the
said baron on the part of the said complainant in the
said cause.

First Qeneral Interrogatory.

As to tbe wit- Do you know the parties complainant and defendant [or, com-r

nesss knowledge plainants and defendants] in the title to these interrogatories namec^

or the parties in ^ -' ^ *

tl^c cause. or [ any or ] either and which of them, and how long have you

known them respectively or such [one] of them as you do
knov/?(6) Declare the truth, and your utmost knowledge remem-
brance and belief herein. [ Or thus : Declare the truth of the
several matters inquired after by this interrogatory, according to
the best of your knowledge remembrance and belief with your
reasons fully and at large ( c).]

(h) Sometimes the first interrogatory is also directed to an inquiry
as to the witness's knowledge of deceased persons, as thus: —

' And did you or not know J. A. and C. his wife deceased the late
grandfather and grandmother of the said complainant, and F. A. de-
ceased the late uncle of the said complainant, in the pleadings of this
cause respectively named, or any or either and which of thera in their
his or her life-lime, and for any and what length of time before their
his or her decease'.'* Declare iivc.

Or, to an inquiry as to the witness's business or profession, as thus : —

* And what profession or business in life do you follow, and where
and how long have you followed the same'? Declare the truth, and your
knowledge herein.

(c) These are the general forms used in the conclusion of interroga-
tories according to circumstances ; in the subsequent pages reference
is made thereto thus : Declare &c.

INTERROGATORIES. 163

The concluding General Interrogatory.

Lastly. — Do you know any other matters or things touching the
matters in question in this cause which may tend to the benefit or
advantage of the said complainant therein \^or, of the said defend-
ants or any or either and which of them therein]? If yea, Set
forth the same and all the circumstances and particulars thereof
fully and at large according to the best of your knowledge remem-
brance and belief as if you had been thereto particularly inter-
rogated.

Or thus:

Lastly. — Do you know or can you set forth any other matter or Where interro,
thing which may in any wise tend to the benefit of the said de- bSonYhVpaJt
fendants or of either of them in this cause, other than the said ofsomeofsevers^l
defendants J. J. and G. V. ? If so. Set forth the same, and all the '^^^^°^^^'-
circumstances and particulars thereof, according to the best of
your knowledge remembrance and beUef together with your reasons
fit large.

[ i-'i4 ]

SECT. II.

FORMS OF INTERROGATORIES FOR THE EXAMINATION OF
WITNESSES IN CHIEF ( 1 ).

To prove the delivery Whether or no did you at any time and when as the

^^1 {^^."If''"f "J *)^ solicitor of the said complainants dehver to the said de-

■plaintiffs title to the i i i

defendant ; lendant or to any person and whom by name on his part

(I) Interrooratories for the examination of witnesses must be
signed by counsel, and should only extend to points material
and not' confessed; Bea. Ord. 7<), 71, 184, 273, 312; if the
interrof^atories are leading, or if they are scandalous, or both
scandalous ««r/ impertinent, they will be suppressed with costs ;
see 2 Madd. Ch. Pr. 412; 2 Fowl. Ex. Pr. 127 ; White v. Fvssell,
19 Ves. 112, 2(1 edit.

Interrogatories framed thus, ' Did you not do or see,'&c.
' Difl you not hear tliat,' &c. are accounted leading.

Where the plaintill's christian name is mistaken in the title
of the interrogatories the depositions cannot be read, nor will
the court permit the title to be amended ; While v. Taylor,
2 Vern.43o.

Interrogatories adtninistered to witnesses are all strung to-
gether, and the party by his agent points out the particular
interrogatories or parts of interrogatories to which he wishes
the witness to be examined.

A witness may object to answering questions which may have
a direct tendency to criminate himself, or render him liable to
disabilities or pecuniary penalties, ( see Paxton v. Dovglas,
16* Ves. 242, 3,) but a witness cannot demur to being examined
because the question is not pertinent to the matter in issue;
Ashton y.Ashtoti, 1 Vern. iGo; if interrogatories be improperly
exhibited to a witness (as if for instance he is a party interested)
he must demur, and must state his reasons on oath ; see 2 Madd.
Ch. Pr. 408; Parkhnrst v.Lowten, 2Swanst. 204; Boivmany,
Rodwell, 1 iMadd. Rep. 26f> ; Nightingale v. Dodd, Mos. 229.

Where a witness had in his examination omitted to state
material facts, which he had stated in writing previously to his
examination that he could depose to, the court refused to
permit him to be re-examined; Asheev Shipley, 5Madd. 4G7;
and see Lord Abergavenny v. Potcell, 1 Mer. 130; Pott v. Birch,
5 Madd. 60.

The examination of witnesses being foreigners nnist be in
English, and the interrogatories must for that purpose be trans-
lated into the language of the deponents, ami their answers
translated by sworn interpreters; Lord Bclmorc v. Anderson,
4 Bro. Ch. Ch. 90.

INTKRUOGATORIES,

155

any abstract of the title of the said complainants to the
estates and premises in the pleadings mentioned i Whether
or no did the said defendant or any person and who on
his part at any time or times and when and how make to
you any and what objection to the said title, and what
answer did you thereupon make, and if by writing set forth
the same in the words and figures thereof, and what after-
wards passed between you and the said defendant or any
other person and whom on his part respecting the said
title or the agreement for purchase in the pleadings men-
tioned ? Set forth &c.

whether any ohjcctloji
ivas made to the title^

and what passed re-
lative to the title or
agreement for pur-
chase.

* Were you at any time and when and by whom and
on whose behalf furnished with an abstract of the title of
the said complainants to the premises described as lot 2
in the pleadings of this cause mentioned? And did you at
any time or times apply to any person or persons and whom
by name as the solicitor or solicitors of the said complain-
ants for a copy or abstract of the alleged lease under which
the said premises were stated to have been let ? If yea,
What passed between you and the solicitors for the said
complainants at the time of making such application relative
to such alleged lease ? Declare &c.

To prove that witness
as solicitor for the de-
fendant tvas furnished
vith an abstract of
title to an estate sold
by the plaintiffs, — his
application for an ab-
stract of the lease
under which the es-
tate was stated to
have been let, and
IV hat passed upon
such application.

* Had or not the said R.W. as you know or do for any
and what reason believe access to the said M.W. his wife,
or was he or not in her company or did he or not see

her at any and what times or time from the month of

to ? And if yea, When and how often and at or about

what times or time and for what space of time at each time
and where and on what occasion ? Where did the said R.W.
live or reside during all such period of time as you know
or do for any and what reasons believe ? Declare &c.

To prove whether a
husband had access to
his tcifc during a par-
ticular period and
when,

and ichcrc he resided.

* Whether or not did the said defendant C. L. as you
know or do for any and what reason believe, deliver or
cause to be delivered unto the said S. D. F. in his life-time
a written account or any writing purporting to be an account
of some debt or debts or sum or sums of money that was

To prove the delivery
of an account oj mo-
7iies owing from a de-
ceased person to the
defendant,

156

INTERROGATORIES.

in what langnarje
written,

tvhen delivered, and
the particulars of I he
debt.

and whether the de-
ceased examined the
account ;

To prove that he de-
livered the same lu
the witness,

that witness by his di-
rection made a copy
thereof,

and in what langvaf/e,

the delivery thereof io
the deceased,

that he examined the
same and made obaer-
vatio7is thereon ;

To prove the copy in
the pv.ssesaicn of the
wilness as cu exhibit,
and the haud-writiuy,

That ivitness may
translate the copy into
English and the ob-
servations made there-
on, distinyuishiny the
parts ivrilten by the
witness and by other
persons.

or were due or owing by or from the said S. D. F. to the
said defendant C. L. ? If yea, In what character and lan-
guage was such account or writing written or made out,
and when or about what time was the same dehvered to the
saidS. D. F., and what was or were the pai'ticular or par-
ticulars of such debt or debts or sum or sums of money,
and how much did the same amount unto in the whole as
you know remember or believe ? Whether or no did the
said S. D. F. as you know or do for any and what reason
believe, peruse or examine the said account? Did or did
not the said S. D. F. ever deliver the said account to you ?
If yea, When and about what time and for what purpose
did he deliver the said account to you ? Did you or did
you not by the order or direction of the said S. D. F. or
otherwise and how, at any time and when make or write
a true copy of the said account ? If yea, In what language
and character and for what purpose was such copy made or
written, and was or was not such copy at any time and
when and by whom delivered to the said S. D. F. ? And
did or did not the said S. D. F. at any time or times and
when peruse and examine the said copy, and did he or did
he not in his own hand-writing or otherwise and how and
in what language and character and at or about what time
or times make or write any and what minutes memorandums
or observations on the said copy ? Whether or no is the
paper-writing marked with the letter (B) and now produced
by you or any and what parts and part thereof of your own
hand-writing? If yea, How much or what part or parts
thereof is or are of your own hand-writing, and how much
and what part or parts thereof is or are of the hand-writing
of any other person or persons and whom as you know or do
for any and what reason believe ? Is or is not the said paper-
writing marked v^ith the letter (B) the copy which was made
or taken by you of the aforesaid account? If yea. Translate
the said paper-writing marked with the letter (B) and all
the minutes memorandums and observations written or made
thereon into and set forth the same in the EngHsh language,
and in making such translation, distinguish and point out
the English of so much or of such part or })art3 of the
said paper-writing as was or were written by you, and also
the Eughsh of so much or of sucli part or parts of the
said paper-writing ab was or were written by any other per-
son or [icr:i!jni and tvIiouk Declare ixc.

INTERROGATOR! KSc

157

* Were you or not a party as a trustee for sale or other-
wise and how, to certain and what indentures of lease and
release bearing date the 9th and 10th days of March 1792,
in the pleadings in this cause stated, or to some or one and
which of them ? And were you or not for some length of
time and from and to what period in some and what
manner in the employ of T. E. and G. D. both now de-
ceased, in the pleadings in this cause named ? And do you
or not by some and what means know whether some and
what account did not exist between the said T. E. and G. D.
or one and which of them in their or his life-time with W.J.
deceased, the late plaintiff in this cause? Did you or not
as a trustee for sale as aforesaid, ever and when sell and
dispose of the respective houses and premises of which you
were a trustee for sale under such indentures of lease and
release as aforesaid ? And was there or not some and what
account open and unsettled between the said W.J. deceased
and the said T. E. and G. D. or with one and which of
them at the time the said houses and premises were respec-
tively so sold and disposed of by you ? If yea. Was such
account ever to your knowledge settled and adjusted be-
tween them or any and which of them, and was or not such
account an open and unsettled account at the time of the
death of the said W. J. as you know or for some and what
reason believe ? And if such account had ever been stated
settled and adjusted between the said T. E. and G. D. and
the said W. J. in his life-time, should you or not fi'om your
connexion or by your employment with the said T. E. and
G. D. or by some and what other means have known there-
of? Do you or not know whether the said W.J. in his life-
time made or caused to be made any and what applications
or application to the said T. E. and G. D. or to one and
which of them for a statement of or to come to a settlement
of the said account existing between them ? If yea, Set
forth the number of such applications and the respective
times or time in particular v/hen the said W. J. made or
caused to be made such applications or application, and the
nature thereof, and when and by whom made, and in whose
presence, and upon what occasions or occasion, and on or
about what date in particular was the last time the said W.J.
made or caused to be made such application to the said
T. E. and G. 1). or to either and which of them, and what
passed between the said parties respectively at the respec-

To prove that witness
was a party as a trus^
tee to certain deeds;

That he was in the
employ of certain per-
sons, and that an ac-
count existed between
them and a deceased
plaintiff;

That witness, as
trustee, sold cer-
tain houses;

That at the time of
such sale, an account
existed unsettled be-
tween the deceased
plaintiff and certain
other persons;

A Iso to prove the ap-
plications made by the
deceased plaintiff for
a settlement ;

and what passed at
the time of such ap-
plications.

158

INTERROGATORIES.

tive times or time such applications or application were or
was made ? Declare &c.

To prove a statement
of accounts between
the plaintiff and de-
fendants relative to a
testator s estate, tvhat
balance was ascer-
tained to be due, and
the payment thereof.

* Were you or not present at any time and when at the
stating of any and what account between the said complain-
ant and the said defendants touching or concerning the
estate and effects of the said testator R. F. in the pleadings
of this cause named ? If yea, Was or were or not any ac-
count or accounts touching such estate or effects then settled
between them, and was or not any and what balance then
settled and ascertained as due to any and which of the said
parties, and was or not such balance then paid over, and if
not, why and for what reason ? Declare &c.

To prove the deliveri/
of an attorney's bill,
and that an action
was commenced for
the recovery of the
amount.

Whether or no did you at any time and when deliver
to the said defendants or either and which of them, any bill
for business done by you on their or either and which of
their account not connected with the said cause, and whether
or no did you at any time and when cause any and what
proceeding to be commenced against the said defendants or
either and which of them for the amount of such bill?
Declare &c.

To prove the produc-
tion of a book to a
person containing cer-
tain achnoicledyments
or memorandums sign-
ed by him, and the de-
clarations made by
him relative thereto.

* Did you or not at any or either and which of the meet-
ings between you and the said inquired after by the last

preceding interrogatory, produce or show unto the said
all or any and which of the acknowledgments or me-
morandums to which his name appears to be subscribed,

and which are written or contained respectively in the

folios of the said produced book marked (A) ? And did the

said on any and which of such occasions or on any

other and what occasions or occasion and when in par-i
ticular, say or declare any thing and what unto you or unto
any persons or person and whom by name in your presence
or hearing relative to such acknowledgments or memo-
randums, and to his name appearing to be subscribed
thereto, and purporting that he had signed the same or
any and which of them, or that his name appearing to be

INTERROGATORIES.

159

subscribed thereto or to any and wliich of them was in his
own liand-writing or to any such or the hke effect? Set

forth how and in what manner the said expressed liini-

self at such times or time in relation thereto 'i Declare &c.

* Whether or not did the said defendants or any and
which of them commence an action at law against J. F.
the agent of the said complainants in the said bill named ?
If yea, Set forth when such action was commenced, and the
nature of and object of the action ? Whether or not did
the said J. F. plead to such action ? If yea. Declare the
nature of his defence ; Whether or not did such action come
on to be tried ? If yea, Whether or not did the plaintiffs in
such action get a verdict ? If yea, Whether or not did the
court of King's Bench set aside such verdict and direct a
new trial to be had of the said action ? Whether or not did
such new trial come on to be tried at the summer assizes
held for the county of Y. for the year 1818? If yea. Were
you present at such trial? If yea. Declare to the best of
your remembrance what passed thereat, and how^ and in
what terms the judge charged the jury ; Whether or not
were the jury desirous to find a special verdict ; Whether
or not did the judge make a minute of it in his notes, and
if yea, Set forth the purport and effect of such minute ;
Whether or not was it agreed between the plaintiffs and de-
fendant in the said action that the amount of the damages
to be recovered by the plaintiffs in the said action should
be left to arbitration? If yea, Whether or not was any
arbitrator appointed ? If yea. Has such arbitrator ever
made his award ? If yea. Declare the damages awarded
by the said arbitrator to the plaintiffs in the said action?
Declare 8cc.

To prove that the de-
fendants commenced
an action against the
plaiutiff's agent, and
tvhen, and the nature
thereof, and of the
defence thereto ;

That the same came
on to be tried, that
the plaintiff's got a
verdict, which the
court of K. B. set
aside, and directed
a new trial;

That the same came
on at the assizes, and
what passed on the
trial, and the judges
charge to the jury ;

That the jury were
desirous to find a spe-
cial verdict, the mi-
nute thereof made by
the judge ;

The agreement to re-
fer the amount of da-
mages to arbitration,
and irhat amount was
atcarded by the arbi-
trator.

* Did you at any time or times and when and at whose To prove advertise-

request or in pursuance of any directions or instructions ments being inserted

given to you by any person or persons and whom by name, '" "'■f P"""<^ papers,

° •' ,. ,. 1 for the discovery of a

cause any and what advertisement or advertisements to be person, and bu' whose

inserted in any and what public paper or pajiers relating to direction ;

or for the discovery of the said A.G., and was or were such

160

INTERROGATORIES.

and whether the wit-
ness has heard of the
individual, or had any
applications respect-
ing him since the ad-
vertisements.

advertisement or advertisements inserted in such public
paper or papers at any time or times and when as you know
or for any and what reason believe ? Have you heard of the
said A. G. or had you any and what application or applica-
tions made to you with respect to him or the matter com-
prised in such advertisement or advertisements since the
same was or were so inserted ? Declare &c.

To prove that wit-
ness was employed in
prejmring an agree-
ment, and the direc-
tions given respecting
the terms thereof.

To prove a parol
agreement respecting
the plaintiff's resid-
ing with the defend-
ant.

* Were you or not employed and when by the said com-
plainant and defendant or either and which of them to prepare
the agreement in the said former interrogatory mentioned ?
If yea, Had you any and what directions from the said de-
fendants respecting the terms of the said agreement, and
concerning the land-tax in the said agreement mentioned,
and what did the said defendant say to you or in your
presence or hearing as to the said land-tax and the sum of
cfSOO to be paid by the plaintiff to the said defendant, and
wei'e you informed by either and which of the said parties
for what consideration the said premium or sum of of 200
was to be paid? Declare &c.

■'Mi gsijiJinns lo -onlRf fsrfl '9''-

* Di(J-3fdii''iif not'St any time afld when hear the said
complainant make any proposition to the said defendant
respecting his the said complainant's residing with the said
defendant in his house, and was any and what agreement
come to between the said complainant and the said de-
fendant respecting such matter, and did you or not hear
upon that or any other and what occasion the said com-
plainant make any and what promise to the defendant re-
specting the amount and nature of the recompense which
the defendant was to receive from the said complainant
for liis residing, in the said defendant's house ? Declare &c.

To prove that wit-
ness made an allot-
ment of certain lands,
and to whom, and
when he delivsred the
allotment ;

* Did you or not and by whose desire or direction make
any and what division or allotment of the lands in the
pleadings of this cause mentioned ? If yea, To whom
and when did you deliver such division or allotment, and

INTERROGATORIES.

lei

did or not the said defendant J. P. acquiesce in or ap-
prove of such allotment, and did he take possession of his
part or share ? Did you or not at any time afterwards
and when review or reconsider such allotment and upon
what occasion and by whose desire, and did you or not
make any second allotment or any and what alteration in
your former allotment, and was or not the said division
or allotment made by you a fair impartial and just division
or allotment? Declare &c.

* Do you or not know whether the said complainant
entered upon and enjoyed any and which of the lands in
the pleadings in this cause mentioned in severalty or not ?
If yea, State what particular lands were enjoyed by the
plaintiff and what by the defendant.

that, defendant acqui-
esced therein, and
took possession of hit
share ;

that witness after-
wards reviewed the
allotment, and by
whose desire and what
alterations he made
therein.

To "prove that the
plaintiff entered upon
the lands allotted to
him in severalty.

* Are you acquainted with the manner of purchasing
annuities on lives and the value thereof, and the way in
which the same are secured in the public funds ? If yea.
How long have you been acquainted therewith ? What

was the value of an annuity of £ during the life of

a person aged in the month of according to the

method of computing the value of annuities upon lives,
and according to the common and usual course of business
in transactions of that nature ? Declare &c.

To prove the valve
of a life annnity.

* Was or not the said complainant T. C. at any time and
when to your knowledge or belief employed as the attor-
ney or agent of the said defendant S. A. ? If yea, Declare
when the said T. C. was so employed by her or relative to
her affairs, and for what length of time, and whether ge-
nerally as the confidential attorney or agent of the said
S. A. as you know or believe, and set forth the grounds
upon which you found such your knowledge or belief;
Declare &c.

To prove that the
plaintiff' was employ-
ed by the defendant
as her conjideutial at-
torney or agent, and
for what period.

* Look upon the book entitled

now produced and

shown to you at this the time of your examination, marked
with the letter ( A ), and in the pleadings in this cause men-
tioned ; Who by name wrote or was the author or composer
Vol. II. L

To prove who vas iht
author of a. book or
reputed so to be, and
whether it was an
original composition

w%

INTERROGATORIES.

of the said book, or who was and is reputed so to be? Is
the said book an original composition, or a copy of any
other and what work? Declare &c.

To prove an act of
bankruptcy by keep-
ing house.

To prove an act of
bankruptcy by lying
in prison.

* Did you or not know A. B. in the pleadings of this

cause named, and previously to , and for any and what

time before ? If yea. Did the said A. B. at that time and for
any and what length of time before carry on any and what
trade or business and where, and do you or not previously

to the said recollect any person and whom by name

calling at the house or dwelling of the said A. B. for money,
and was or not such person a creditor of the said A. B., and
was or not the said A. B. at home at such time and did
he or not see the person who so called, or what answer
was given or sent to such person, and was the answer
given or sent by the direction of the said A. B. or with his
privity or consent? Declare &c.

* Did or not the said T. M. in the pleadings of this

cause named previously to the day of and from

and up to what time in particular, carry on any and what
trade or dealing and in what sort of merchandize ? Was or
not the said T. M. a prisoner in the Fleet Prison, and when
did he first become a prisoner there and for and upon what
account was he imprisoned, and how long did he continue
a prisoner without being bailed or discharged, and what
charges or detainers were there lodged against him during
the whole time of such his imprisonment ? Declare &c.

To prove a remit-
tance of hilb of ex-
change in tiie life-
time (f a deceased
pier son.

that the same were
duly paid as they be-
came due,

* Whether or no did the said defendant C. D. in the life-
time of the said S. D. send remit or deliver unto the said
S. D. any bill or bills of excliange? If yea. For what sum
or sums of money, or of what value or amount was or were
such bill or bills of exchange respectively and in the whole,
and when or about what time or times was or were such bill
or bills of exchange so sent remitted or delivered, and was
or were or not the sum or sums of money mentioned in or
secured or made payable by the said bill or bills of exchange
or some and which of such sums of money received by or
paid to the said S. D, or to his order or for his use when

INTERnOGATOIUES.

103

and as the same became due and payable or soon after-
wards or at any other and what time or times 'i And did
or did not the said S. D. in his hfe-time and when repay the
said defendant C*D. or satisfy him the said sum or sums of
money or any or either and which of them or any and what
parts or part thereof? Declare &c.

and whether the de-
ceasedrepaidany part
of the amount thereof.

Whether or no did you draw and deliver to the said com-
plainant any and what number of bills of exchange and to
what amount for the produce of the said cargo upon the
said defendants T. R. and C. S., and did you or not at or
about that time or at any time and when ship on board the
said ship called the M. or any other and what ship or ships
and consign to the said defendants T. R. and C. S. any
colonial produce or any and what effects and to what amount
in order to provide for the payment of the said bills so
delivered by you to the said complainant for the produce of
the said cargo, Or whether or no have you at any time or
times and when assigned or conveyed to the said defend-
ants T. R. and C. S. or to any other person or persons and
whom by name in trust for them or for their benefit any
and what estates or property whatsoever in or towards sa-
tisfaction of the said bills or any of them or any part thereof,
or have the said defendants T. R. and C. S. been in any
other and what manner paid or satisfied by you the amount
of the said bills or any and which of them or any and what
part thereof, or have you in any and what manner and when
had credit in account with the said defendants T. R. and
C. S. for the amount of the said bills or any and which of
them or any and what part thereof? Set forth &c.

To prove that witness
as the purchaser of a
ship^s cargo delivered
bills to the plaintiff
for the produce drairn
upon the defendants,
that he consigned co-
lonial produce to them
to provide for the
payment thereof, or
made over property
to them, or that tlisy
have been satisfied the
amount, or have given
witness credit in ac-
count for the amount
of the bills.

Do you know and from what circumstances when and
where the said complainant A. W. was born and baptized?
If yea, Set forth the time and place of her birth and
baptism and the reason of your knowledge therein, and who
were her father and mother, and where they usually resided
at the respective times of the birth and baptism of the
said complainant, and what was their situation in life. Set
forth &c.

L 2

To prove the birtt
and baptism of the
plaintiff.

104

INTERROGATORIES.

To -prove the bound-
aries of glebe lands,
in ichose occupation
(he same tcere at a
particular time, and
ichat was then the
annnal value.

To jirove the abuttals
of a garden, and
ivhether there is any
comvmnication be-
tween the same and
the adjoining pre-
mises.

To prove the bound-
aries of a parish, and
how divided from the
adjoining one.

To -prove the bonnd-
arics of a piece of
land containing a
stone q-uarry, and its
distance Jrom a river.

particularly with re-
ference to a map or
plan thereof.

* Do you know the lands in the pleadings of this cause
mentioned called glebe lands? If yea, Where are the same
situate and hov/ are the boundaries thereof marked and
described, and in whose occupation and under what term or
holding were the said glebe lands on the 4th October 1801,
and what v/as then the annual value of the said glebe lands
as you know or for any and what reason believe? De-
clare &c.

* Are you or not acquainted with the premises in the
pleadings of this cause mentioned called the detached
garden ? If yea, How is such detached garden fenced or
surrounded and by what ground or premises is it bounded
or abutted and particularly on the east side thereof, and i»
there or not any gate door or opening communicating with
any and what premises on the east side of the said de-
tached garden? Declare 8cc.

Whether or no do you know and how long have you

lived in the parish of W. in the county of , and whether

or no did you at any time or times and when attend any
and what public perambulations of the said parish, or are
you by any and what other means acquainted with the
boundaries of the said parish, and in particular with the
boundary or division between the said parish and the parish
of C, and how and in what manner is the said parish of W.
divided from the said parish of C? Declare &c.

* Are you or not acquainted with the piece or parcel of
land containing a stone quarry in the pleadings of this
cause mentioned to be situate at or near certain places

called or known by the names of and ■ in the

parish of and near to the river A. ? If yea. How long

have you been acquainted therewith, and how is such piece
of land bounded and at what distance is the same situated
from the said river A. ? Look upon the map or plan now
produced and shown to you at this the time of your exami-
nation, maiked with the letter (A), — W^hat doth the same
purport to be or contain, and does or not the same contain
a true and correct plan of the said piece or parcel of land
and quarry and of the boundaries thereof as you know or
do for any and what reason believe ? Declare &c.

INTERROGATORIES.

165

* Do you know L. H. Chapel now or formerly situated
at L. in the parish of B. in the county of L. or the scite
thereof? Was the same used as a Roman Catholic Chapel
or as a Protestant Chapel as you know or for any and what
reason believe ? Were the ceremonies of baptism marriage
and burial performed in the said chapel as you know or
have heard and from whom or for any and what reason be-
lieve, and were there or not any registers or register of
baptisms marriages and burials made or kept in or adjoining
to the said chapel ? If yea, Are or is there any registers
or register thereof now kept in or adjoining to the said
chapel, of baptisms marriages and burials performed there-
in ? Do you know or have you heard and from whom whe-
ther the said chapel and registers were ever and when
destroyed by fire or otherwise and how and by whom ?
Have you heard any person or persons and whom by name
make any and what declarations relative thereto, and were
or was such persons or person in any and what manner
connected with or in the service of or in any and what
manner related to any person in the service of the family of
A. in the pleadings in this cause named, and are or is such
persons or person or any or either of them now living, and
if dead, when did they respectively die ? What is the
general report or belief of the persons residing in the
neighbourhood of the said chapel of L. H. or the scite
thereof relative to the destruction of the said chapel and
registers by fire or otherwise as you know or for any and
what reason believe ? Set forth according to the best of
your knowledge remembrance information and belief all and
every the matters inquired after by this interrogatory and
the grounds thereof.

To prove whether a
cluipel was tised as a
Roman Catholic cha-
pel or Protestant cha-
pel, whether baptisms,
iiiarriageSjand burials
were performed there,
and whether the re-
(jisters thereof were
kejit there ;

Whether the chapel
and registers were de-
stroyed and when and
how, what declara-
tions witness has
heard relative there-
to and from whom ;

Whether such persons
were connected with
a purticnlar family,
and whether living or
dead ;

and the general belief
in the neighbourhood
relative to the de-
struction of the chajjel
and registers.

* Are you or not acquainted with the said complainants
J. T. and M. his wife ? And if yea. Are you acquainted
with the state of the said complainants' family ? What
children or child have the said complainants J.T. and M.
his wife now living, and what are or is the names or name
of such children or child ? Set forth all you know concern-
ing the particulars in({uired j.fter by this interrogatory and
tlie reasons for such your knowledge 'i Declare &c.

7o prove IV hat chil-
dren the 2)luintifj's
have.

WG

JNTERROGATORIES.

To prove what chil-
dren a plaintiff had
hy her late husband
and their names ; that
certain of the plain-
tiffs are the surviviny
children, and that the
widow had another
son who died without
issue.

Whether or no liad the said M. H. and A. his wife here-
tofore or late A. C. in the preceding or 7th interz'ogatory
mentioned or inquired after any and what number of chil-
dren ? If yea, Wliat were their respective names or the
names of any and which of them, and particularly are or is
not the said complainants R. H. &c. or some or one and
which of them the children or child of the said M. H. and
A. his wife, and had they or not another son named T. H.
and is he living or dead ? And if dead when and about
what time did he die, and did he or not leave any children
or child or issue and whom ? Had or not the said A. H.
any and what other children or child or issue other than
and besides those hereinbefore named ? If yea, Are they
or any and which of them living or dead, and if dead when
or about what times or time did they or any and which of
them die as you know or do for any and what reason be-
lieve? Declare &c.

To prove whether a
particular person is
living or dead;

that he coniribvted to
the maintenance of a
child, and frequently
visited it ;

the de(jrce of notice
or affection he shotced
toicards it, and in
what manner he ex-
pressed himself;

that he treated such
child as his own, and
that the child treated
him as his fui/icr.

* Do you know v.hat is become of T. H. in the preceding
interrogatory named ? Is he living or dead ? If living, where

hath he from time to time resided since the day of ?

Or if dead, when or about what time did he die and w'here?
Did he or not for any and what period of time in any man-
ner and how pay or contribute any and what sum or sums
of money yearly or otherwise and how for or towards the
maintenance or education of the child which is inquired after
by the last interrogatory, and did he or not during any and
what period of time ever and when or how often and where
visit or see such child ? Were you present at all or any
and how many and which of such times? And if yea. Did
he at all or any and which of such times take any and what
kind of notice of such child, or show or express and how
or in what particular manner any and what degree of affec-
tion for it and on what account, and how and in what manner
did he at such times generally express and behave himself
to or respecting such child ? Set forth the particulars of
such expressions or declai*ations and any circumstances re-
lating thereto ; — Did the said T. H. at all or any and which
of such times and in the presence of any other person or
persons and whom by name treat such child or speak to it

INTERROGATORIES.

1^7

or of it as being his own child, and did such child at all
or any and which of such times speak to or address the
said T« H. as being its father, or as being in any and what
deffree or manner related to it 'i Declare &c.

Whether or no do you know and for how long have you
known the defendant J. P. the sister of the said testator W. G.
and her family? Whether or no were there any and what
children of the said defendant J. P. living at the time of
the death of the said testator, and when did the said tes-
tator die, and which of such children are now living and
what are their respective ages, and if any or either of them
have or has died since the said testator, when did he she
or they die ? Declare &c.

To prove ichai chil-
dreii, a defendant had
at the death of a tes-
tator, the time of his
death, and what chil-
dren arc itviny or
dead.

* What was the true and real consideration of the said
deed marked (A) ? Whether or no were or was any and
"what sums or sum of money at or about any and what times
or time paid as or for or in part of the consideration thereof,
and when and where and by whom and on whose account
and to whom and for whose use and on what occasion ? If
yea, Were you or not present at the time of paying the
same or any and what part thereof? And if yea. Did or not
the person whose name appears to be subscribed to the re-
ceipt indorsed on the said deed at or about the time of
signing such receipt say or declare any thing and what
concerning his having received or been paid or satisfied
the whole or any and what ])art of the money therein or
thereby expressed to be paid to and received by him ? De-
dare &c.

To prove the payment
of the consideration-
money expressed in a
deed, and the ac-
knoivledgment of the
person on receiving
the same.

* Were you at any time and when present at any and
what conversation between the said complainant and de-
fendant respecting the said defendant's purchasing of the
said complainant his the said complainant's interest in the
sum of i^lOO in the pleadings of this cause mentioned to

To prove a conver-
sutioit between the
plaintiff and defend-
ant, respecting the
defendant's purchas-
iixj the plaintiff's in-

168

INTERROGATORIES.

terest in a sum of
money paid into court
in another cause ; the
agreement to purchase
the same, and xipon
XL- hut terms.

have been paid by him into the Court of Chancery in a
certain cause entitled ? If yea. How did such conver-
sation arise and what passed between the said defendant
and complainant respecting such purchase, and did or not
the said defendant agree to purchase such interest upon
any and what terms, and what in particular did the said
defendant say to the said complainant respecting the said
complainant's chance of recovering the said £24^01 De-
clare &c.

To prove conversa-
tions respecting the
reneival of a lease, and
also the agreement by
defendant to apply
for a renewal.

To prove the particu-
lars of a conversation
and an offer made by
the plaintiff to one of
the defendants.

[ This was one of a set of
interrngutorieson the part
of the plaintiff' to prove
an agreement for purchase
of a public- house.}

* Have you at any time or times and when or how often
had any and v,hat conversation or conversations with the
said defendant respecting the renewal of the lease granted
by the saitl Dean and Chapter in the pleadings of this
cause mentioned ? If yea. How did such conversation or
conversations arise, and what passed between you and the
said defendant respecting the obtaining of such renewal, and
did or not the said defendant agree to apply for or make
any and what declarations relative to the making of any
and what applications for the renewal of such lease, and
what in particular did the said defendant say to you re-
specting such renewal, and was any other person and who
by name present at the time of such conversation or con-
versations or any and either and which pf them ^.,De<-

w^^,. ' '''■' r, - . -^iiv jbnr, \(«R hns fmrf '«"
-isrfifir ^i-^a lo oJf489 iJBiiw b'-

Whether or no were you at any time in the year

and when and wheie present with the said complainant
and the said defendant J. D. when any conversation passed

between them respecting the public-house called the

at E., in the occupation of the said complainant, and any
agreement relating thereto? If yea, Set forth the par-
ticulars of such conversation and what was said therein
by the said parties respectively, and whether the said com-
plainant then offered to pay any and what sum of money
to the said defendant J. D. ; Set forth &c.

INTERROGATORIES.

1(j9

* Did you know F. A. deceased in the pleadings of this
cause named the uncle of the said complainant, and did you

know H. I. of deceased or either and which of them

in their or his life-time, and how long did you know them
respectively previously to their death or such one of them
as you did know, and how and in what manner and for
what length of time previously to their deaths respectively
did you so know or become acquainted with them respec-
tively ? Did you at any time or times and when in par-
ticular hear the said F. A. enter into any conversation or
conversations with or make any declaration or declara-
tions to the said H. I. or any other person or persons and
whom by name and when in particular and in whose pre-
sence relative to his family and relations, or any estate or
estates to which he the said F. A. considered himself en-
titled ? And did you at any time or times and when hear
the said H. I. make any and what declaration or declarations
relative to his being present at the time that any and what
agreement was entered into by the said F. A. with any per-
son or persons and whom by name, relative to any and what
estate or estates, or to any and what monies that the said
F. A. was to receive annually from any person or persons
and whom by name, and the consideration thereof? And
did you at any time and when, hear the said F. A. read
any and what deed or deeds, agreement or agreements be-
tween him and any and what person or persons relative to
any and what estate or estates? And do you know whether
any deed or deeds parchment or paper-writings belonging
to the said F. A. was or were at any time or times and when,
destroyed by fire or otherwise and how ? And did you at
any time and when see any and what deeds or deed that
were or was at any time and when in possession of the
said F. A. that had any and whose seals affixed thereto, or
had the names or name of any persons or person and
whom signed thereto ? If yea. Set forth all and every the
particulars inquired after by thjs interrogatory, or such of
them as you do know, and the particulars thereof and of
every part thereof. Declare &c.

To prove a knowledge
of certain persons de-
ceased, and how and
for what length of
time witness was ac-
quainted with them;

To prove conversa-
tions between them, or
declarations made by
one of them relative
to his family and re"
lations, or property to
which he considered
himself entitled;

To prove declarations
by the other, that he
was jrreserd at the
time an agreement
ivas entered into re-
lative to certain pro-
perty ;

To prove that witness
heard the agreement
read ;

To prove the destruc-
tion of certain papers
by fire ;

and that witness saw
certain deeds in the
possession of one of
the deceased persons^
having the names and
seals of certain per*
sons thereto.

170

INTERROGATORIES.

To prove the first
conversations xvith the
defendant rcsj)ecting
a bankrupt's affairs ;

What agreement was
made respecting the
<issignment of part of
the bankrupt's pro-
perty, or what passed
relative thereto;

That the defendant
was informed that the
hankrujit ivas in in-
solvent circumstances,
and tvhat passed ir-
lative to a composi-
tion with his cre-
ditors, and as to the
defendant's guaran-
teeing the same.

To prove subsequent
conversations ivith the
defendant respecting
the bankrupt's affairs;

What agreement w-as
made, or what passed
as to the assignment
of part of the banh-
rtipt's property, and
as to the insolvency
of the bankrujjt, or
a composition with his
creditors, and as to
the defendant's gua-
ranteeing the same.

Interrogatories to be exhibited &c. [see p. 148,
antea,] wherein W. R. and J. P. assignees of the
estate and effects of E. T. a bankrupt, are
complainants, and T. H. is defendant, on the
part and behalf of the said complainants.

1 st. [As to knowledge of the parties, vide antea, p. 1 5J2.]
2d. Had you at any time and when first and where and
in whose presence any conversation with the defendant re-
specting the affairs of E. T. the bankrupt in the pleaduigs
of this cause named ? If yea, Set forth upon what occasion
such conversation took place and the particulars of such
conversation, and what was said thereon by the said defend-
ant or by you or any other person or persons to or in the
presence or hearing of the said defendant respecting the
affairs of the said E. T., and was any and what agreement
then come to by you on the part of the said E. T. with the
said defendant respecting the assignment of any and what
leases, or was any thing and what then said by the said
defendant or by you or any other person and whom to
the said defendant or in his hearing respecting any such
assignment 1 And did you then inform the said defendant
that the said E. T. was in insolvent circumstances, or did
any thing and v.hat pass as to the insolvency of the said
E.T. or as to any and what composition being made or
proposed to his creditors, or as to the said defendant's gua-
ranteeing such composition ? Set forth &c.

od. Had you at any otlier time or times and when after-
wards before the commission of bankrupt was taken out
against the said E. T. any other conversation or conversa-
tions with the said defendant respecting the affairs of the
said E. T. and where and in whose presence and upon
what occasions respecting such affairs? If yea, Set forth
the particulars of such conversation or conversations in the
order in which the same took place, and what was said
thereon respectively by you or the said defendant or any
other person or persons and whom in his presence or
hearing ; And was any and what agreement come to, or any
thing and what said in any and which of such conversations,
as to the assignment of any and what leases by the said
E. T. to the said defendant, and did any thing and what
pass in any and which of such conversations as to the in-

INTERROGATORIES.

171

solvency of the said E. T. or as to any and v/liat composition
being made or proposed to his creditors, or as to the said
defendant guaranteeing such composition ? Set forth &c.

4th. When did you first inform the said defendant of or
did you or not learn from him that he knew or suspected the
insolvency of the said E. T., and when first did any thing and
what pass between you and the said defendant or any other
person and the said defendant in your presence and hearing
respecting a composition to be made and proposed to the
creditors of the said E. T., and when first did the said de-
fendant agree to guarantee such composition ? Set forth &c.
Lastly. [ The last general interrogatory, vide antea,
p. 153.]

[These interrogatories were exhibited to the clerk
of the bankrupt, who had discovered his insol-
vency and informed the defendant of it.]

To prove tvheti the
defendant loas Jirst
informed of the in-
solvency of the bank-
rupt, and ivhen Jirst
any thing passed re-
specting a compositiort
with his creditors f
and when first the
defendant agreed to
guarantee the same.

* Were you or not employed by the said J. R. deceased
as his attorney or solicitor in the purchase or in completing
the purchase of the said reversionary estate and interest of
the said bankrupt, and in preparing the necessary con-
veyances and assurances thereof.^ If yea. Did you lay the
abstract of the title thereto before or employ any counsel
and whom by name on behalf of the said J. R. or on whose
behalf to prepare the necessary conveyance or conveyances
of the said reversionary estate and interest of the said bank-
rupt, and to whom by name ? And did or not the said J. R.
inform you of his intentions in making such purchase, and
did or not the counsel so employed by you prepare the ne-
cessary drafts of such conveyances according to the direc-
tions and instructions of the said J. R. 1 If yea. Set forth
the declarations made by the said J. R. to you relative to
and expressive of his intentions in making such purchase,
and how and in what manner and for what purpose such
conveyances were prepared by such counsel as you know
or do for any and what reason believe; Declare &;c.

* Did or not the said J. R. at any time and when alter
his intentions with regard to the draft conveyances inquired
after by the preceding interrogatory, and did or not the said
J. R. give directions to you or to any other person or pcr-

To prove that witness
was employed by a de-
ceased person as his
attorney in the pur-
chase of a bankrupt's
reversionary estate ;
that witness laid the
abstracts before coun-
sel with instructions
to prepare the con-
veyances, and the in-
tentions of the de-
ceased in making the
purchase ;

That eotmsel prepar-
ed the drafts of the
conveyances, and the
declarations of the
deceased relative to
such purchase, and
the conveyances ivhich
were prepared.

To prove that he al-
tered his intentions
with regard to the
conveyances, the di-
rections which he gave

17a

INTERROGATORIES.

as to the alterations
to be made, and his
intentions relative
thereto.

sons and whom by name to make any and what alterations
and insertions in the said draft conveyances, and what was
the intention expressed by the said J. R. in making such
alterations as you know or do for any and what reason
believe ? Declare &c.

To jivove that certain
deeds of conveyance
were prepared, and
by ichom ;

Tliat Sir T. B. icas
a party, and executed
the same, and the cir-
cumstances attending
such execution;

To prove whether
drafts thereof were
previously prepared ;

Whether the same
were submitted to Sir
T. B.for his perusal;

Whether he perused
or approved of the
same, or made any al-
terations or correc-
tions therein'.

Whether the engross-
ments were prepared
from such drafts;

Whether any attorney
was present on his
part, and whether
such attorney read
over the engrossments,
and whether the same
were read over to Sir
T. B. before he exe-
cuted the same,
and tchether the deeds
or a counterpart were
left reith him or his
steicard.

* Do you know or can you set forth whether any deed or
deeds of grant or conveyance was or were made for the
purpose of carrying the agreement in the last preceding in-
terrogatory mentioned into execution ? If yea, By whom
was or were such deed or deeds prepared? Was or not
Sir T. B. in the pleadings in this cause named a party to
such deed or deeds ? If yea, Vv^hether or not did he execute
such deed or deeds or any of them ? If yea, then set forth
wlien and upon what occasion and at what place and in
whose presence the said SirT. B. executed the same; Whe-
ther or not were or was any drafts or draft made from which
such deed or deeds was or were prepared and engrossed ? If
yea, Whether or not was or were such draft or drafts, or any
and which of them at any time submitted to the said Sir
T. B. for his perusal, or to any person on his behalf? If yea.
Whether or not did the said Sir T. B. or any person on his
behalf peruse such draft or drafts or any and which of
them ? Whether or not did the said Sir T. B. or any person
on his behalf approve of such draft or drafts, or make any
and what corrections amendments or alterations therein?
Whether or not was or were the engrossment or engross-
ments of such deed or deeds so executed by the said SirT. B.
prepared or copied from such draft or drafts? Whether or
not was any attorney or other professional person present
at the execution of the said deed or deeds on behalf of
the said Sir T. B. ? If yea, AVhether or not did such attorney
or professional person peruse or read over such engrossments
or engrossment ? Whether or not were or was the same
read, and by whom, to the said Sir T. B. before he exe-
cuted them ? "Whether or not were or was such deeds or
deed or any counterpart thereof then or at any time and
when left in the possession of the said Sir T. B. or of his
stewards or a^rent.^ ? Declare ^;c.

INTERROGATORIES.

173

* Whether or no did you at any time or times and when
and on whose behalf correspond by letters or otherwise
and how with the said defendant T. H., or did you or not
at any time or times and how or in what manner and by
what means receive any letter or letters from him with re-
spect to ? And if yea, Have you such letters or any

and which of theni in your possession custody or power,
or what is become of the same respectively ? If you are
able, produce such letters, and declare how or in what
manner and by what means the same respectively came into
your possession, and of whose hand-writing all such letters
respectively are, and were or was or not the same or any or
either and which of them ever and when and by whom
and on what occasion produced or shown to the said de-
fendant ? If yea, In whose hand-writing did he declare or
admit the same respectively or any and which of them to
be, and what is the purport or effect of such letters re-
spectively? Declare &c.

To prove a corres-
pondence tvith, or the
receipt of letters from
the defendant;

also to prove the hand"
ivritincf thereof and
how the same came
into the witnesses pos-
session ; and in whose
hand-writing the de-
fendant admitted the
letters to be vpon the
same being shown to
him.

Whether or no were you on or about the day of

and for how long before employed as clerk or book-
keeper in any and what trade or business carried on by the
said defendant S.F. in co-partnership with his said brother
A. F. or any other person or persons and whom and at
what place ? If yea, Whether or no had you any and what
ppportunity to know, and did you or not know the circum-
stances and state of credit of the said trade or business,
and of the said S. F. and of the other person or persons
interested therein, and what were the circumstances and
state of credit of the said S. F. and of the said other per-
son or persons on or about the said day of , and

for some and what time before? Whether or no as you do
for any and what reason know or believe, were the said de-
fendants or any or either and which of them in any and

what manner acquainted on or about the said day

of with the circumstances and state of credit of the

said S. F. and of his said co-partner or co-partners ; and
whether or no did the said defendants or any and which of

them at any time and when on or about the said

day of refuse payment of any draft for a sum of

To prove by a clerk,
the circumstances and
state of credit of the
business of a partner-
ship firm, and of the
partners, and that the
defendants were ac-
quainted therewith^
and hud refused pay-
ment of a draft drawn
vpon them by the
firm.

174

I N T E li R OG A TO K I E S.

£ or any other and wliat sum of money drawTi on them

or some and which of them by the said S. F. and his said
co-partner or co-partners or any and which of them, and for
what reason and under what circumstances did they refuse
such payment ? State the particulars of the several matters
hereinbefore inquired into, fully and at large, and the truth
declare &c.

Interrogatories relating to the customs of different
manors.

1. To prove the cus-
toms of tico manors
with respect to the
passing and surren-
dering of customary
lands.

and in whom is the
freehold thereof;

and whether the cus-
tomary lands descend
to the customary heir.

2. To whom the tim-
ber on the customary
lands belongs.

* Do you know the manors of T. and F. in the county of
S. or either and which of them, and how long have you so
known them or either and which of them respectively? Are
you acquainted with the customs of the said manors re-
spectively or either and which of them, and by what means
did you become acquainted therewith ? What are the cus-
toms of the said manors respectively with regard to the
tenure and descent of the customary lands and tenements
holden of the said manors respectively or either and which
of them, and particularly what are the customs of the said
manors respectively with respect to the passing and sur-
rendering of customary lands and tenements holden of the
said manors respectively or either and which of them ? Is
the freehold of the customary lands and tenements holden
of the said manors respectively or either and which of them
in the tenants of such customary lands and tenements re-
spectively, or in the lords of such manors respectively or
either and which of them, or what is the nature of the
tenure of the customary lands and tenements holden of the
said manors respectively ? Are such customary lands and
tenements holden at the will of the lords of the said manors
respectively or either and which of them or not, and are
the same lands and tenements of inheritance or do they or
not descend to the customary heir of the tenant thereof?
Declare &c.

* To whom does the timber on the customary lands and
tenements within the said manors belong, or who have
usually felled or cut the same ? Declare &c.

INTERUOGATORIES.

175

* In what liianner do the customary lands and tenements
within the said manors respectively or either and which of
them pass, and particularly do the same pass by surrender to
the lord or any other and what means, and are the same de-
viseable by will or not, and if not, in what manner do the
owners of customary lands and tenements within the said
manors respectively dispose of the same, and so as to make
the same subject to any testamentary disposition ? De-
clare &c.

* Do the owners of customary lands and tenements with-
in the said manors respectively or either and which of them
usually make any and what surrenders or surrender to trus-
tees or trustee to perform the wills of such owners ? If yea,
What is the nature of such surrenders and by what name
are the same usually called or known ? What is the effect
of any such surrender in case no disposition is made by will
of the owner of the lands or tenements comprised therein
or only a partial disposition thereof, and is there any dif-
ference between a total and a partial disposition by will
operating upon any such surrender ? Declare &c.

* Do you know any instance where a partial disposition
has been made by will of any owner of any customary lands
or tenements within either and which of such manors, and
where the persons or person to whom any surrender has
been made to perform such wi\\ have or has enjoyed the
same lands or tenements under such surrender so far as
the same have not been disposed of by such will ? If yea,
Name the person or persons who has or have enjoyed
such lands under any such surrender, and the extent of
estate which has been so enjoyed ; Declare &c.

* Do you know any instance where a partial disposition
has been made by will of any owner of any customary lands
or tenements within either or which of such manors, and
where the customary heir of such owner has claimed and
enjoyed so much of the estate as has not been disposed of
by such will against the persons or person to whom such
lands or tenements have been surrendered to perform the
will of such owner ? If yea, Name the persons or person
who have or has claimed or enjoyed as such customary
heirs or customary heir and the extent of estate which has
been so enjoyed ; Have you searched the court rolls of the
said manor for instances of such enjoyment by such cus-

3. How the custoTn-
arij lands pass, whe-
ther by surrender, and
whether deviseable by
will.

4. Whether it is cus-
tomary to make siir-
renders to trustees to
perform the trusts of
wills,

the nature thereof
and how called;

and the effect of suck
surrender in case no
disposition or only a
partial disposition is
made by will.

5. To prove an in-
stance of a partial
disposition by will,
and where the surren-
deree has enjoyed the
lands not so disposed
of

G. To prove an in-
stance of a partial dis-
position by will, and
whcic the ovmer^s heir
has claimed and en-
joyed as against the
surrenderee the estate
not so disposed of.

and whether witness
has searched the court

17(3

INTERROGATORIES.

rolls for any suck in-
stances.

7. To prove the mode
of ban-'ing intails
within the manors.

8. To prove to ivhat
heirs the customary
lands descend, and
where a woman, a
customary tenant, has
no issue.

9. To prove what bro-
thers a woman had,
and who were the
eldest and yonnyest ;

what issue the latter
had, and who was the
youngest,

and who was her heir
according to the cvs-
t07ns of the manors.

tomary heirs or heir ? If yea, What have been found in

sucli court rolls concerning the same ? Declare Sec*

* How are intails of customary lands or tenements within
the said manors respectively or either and which of them
usually barred or destroyed, and particularly whether by
recovery suffered within the manor or by surrender or by
any other and what means ? Declare &c.

* To what heirs do customary lands or tenements within
the said manors respectively descend according to the cus-
toms of such manors respectively, and particularly where
a woman who is a customary tenant of the said manors re-
spectively has no issue, to whom do her customary lands
descend according to the customs of such manors respec-
tively ? Declare &c.

*^ Do you know the family and relations of J. P. in the
said interrogatory mentioned? If yea. Had the said J. P.
any issue living at her death? What brothers had the said
J. P., and were or was such brothers or any and which of
them living at her death, and which was the eldest and
which was the youngest of such brothers respectively, and
what issue had the youngest of such brothers, and which
was the youngest of such issue living at the death of the
said J. P. ? Who was the heir of the said J. P. according
to the customs of the said manors respectively of her cus-
tomary lands and tenements within such manors respectively
at the time of her death ? Declare &;c.

To prove the cttstom
of a manor with re-
gard to the lineal and
collateral descent of
copyhold lands where
a tenant diesiutestate.

To prove the cvsfoiiis
of a manor tvith re-
gard to the tenure
and descent of cus-
tomary lands, and ax
respecting the lineal
and cotluteral heirs
of a tenant dying in-
testate.

* Do you know the manor of in the county of

and hov/ long have you known it? Are you acquainted with
the customs of the said manor and by what means did you
become acquainted therewith ? What is the custom of the
said manor with regard to the lineal and collateral descent
of copyhold or customary lands and tenements h olden of
the said manor where the tenant dies intestate ? Declare &c.

* Do you know the manor of S. in the county of Y. and
how long have you so known it ? Are you acquainted with
the customs of the said manor and by what means did you
become acquainted therewith ? What are the customs of
tlie said manor with regard to the tenure and descent of the
customary lands and tenements holden of the said manor,
and particularly is there any difference in the customs of
the said manor as to the admission of lineal and collateral

INTERROGATORIES.

177

heirs of a tenant who dies seised oi- possessed of lands
within the said manor ? If yea, What are the customs of
the said manor in the admittance of children or other lineal
heirs or brethren of a tenant so dying seised of copyhold
lands holden of the said manor? And what are the customs
of the said manor in the admittance of nephews or other
collateral heirs of a tenant so dying seised of copyhold
lands held of the said manor ? Declare &;c.

Whether or no are you by any and what means ac-
quainted with the customs of the manor of M. in the
county of H.? Whether or no in cases where copyholds
are holden of the said manor for lives have the tenants a
customary right to exchange any life or lives or to add any
life or lives in the place of those which drop, upon a pay-
ment of a fine to the lord ? And v/hether or no did it ever
and when first happen that the lord or steward of the said
manor refused to add or exchange any life upon the appli-
cation of any such tenant upon the ground that the said
copyholders of the said manor had no such right to add or
exchange lives ? And whether or no upon any copyhold
lands so holden for lives of the said manor having fallen into
the hands of the lord by the death of any customary te-
nant, has the heir of such tenant a customary right upon
payment of a fine to the lord to have the same lands re-
granted to him for the life of such heir or one or two other
persons or how otherwise ; and whether or no did it ever
and when first happen that the lord or steward of the said
manor has refused to make such re-grant upon the applica-
tion of any such heir upon the ground that such heir had
no such right ? Declare &c.

Whether or no had you at any time and when any con-
versation with W. R. the late lord of the said manor of
M. respecting the fines payable on the renewals of copy-
hold estates holden for lives within the said manor? If
yea, Set forth the particulars of such conversation, and
when and upon what occasion the same passed ; Declai'e ti:c.

* lA UO'l oil *

To prove ihaf. tic
tenimts of copi/hold
lauds liehl jar Uv<s
had a right of rc-
netcal, or of substi-
tuting iiew lives on
payment of a fine,
and uhethcr the lord
or his steicard ever
refused such right.
A Iso to prove that,
wlien such lands have
fallen into tJie lord's
hands hg death, the
heir had a right to
have the same re-
grantcd to him on
payment of a fine,
and whether the lord
■or his steicard ever
refused to make such
re-grant.

\^Thc fine hitri)ig been of
late years arhitranj, this
intcriogatory in framed so
as not to call vpon the
irilnesses to speak as to
the amount of the fine.^

To prove a declafa-
tion by the late lord
of the manor that
former Ig the fine on
renewals was certain.

* Are you acquainted with the custom or manner of To prove thn cvstom

granting leases of premises held under the Ecclesiastical of granting leas, sand

„ L. , ^,, r, ^xT . renewals of leases held

Corporation of the Dean and Chapter ot vV cstminster, and ynder an eccksiasti-

VOL. II. M

178

INTERROGATORIES.

cal corporation, and
the fines pai/ohle
thereon, and v hither
re7icirals arc ecer re-
fused.

To prove the ctistom
of a manor with re-
gard to a widow's
right to free-bench,
vpon a grant by copy
of lands for lives, and
what witness has
heard as to such cus-
tom from deceased
j)ersom.

of granting renewals of such leases ? If yea, For how long
have you known the same and by what means did you be-
come acquainted therewith? What is the custom of the
said Dean and Chapter with regard to the renewals of leases
granted by them, and how often are such renewals made,
and upon what terms and at whose request and what fines
are payable thereon, and are the renewals of leases ever
refused by the said Dean and Chapter and for what reason ?
Declare &c.

Have you for any time and how long known the manor of
K. in the county of S. in the pleadings in this cause men-
tioned ? What as you know and for any and what reason
believe is the custom of the said manor as to the rights of
a widow or widows upon a grant by copy of lands within the
said manor for three lives, and whether . or no have you
ever heard any thing and what as to such custom from any
person or persons and whom, who are now dead? Set
forth &c.

To prove a custom in
a manor that a widow
is entitled to her free
bench in estates held
for lives.

* Whether or no have you for any and how long time
been by any and what means acquainted with the manor of
B. in the coimty of S., and have you or not been for any
and how long time by any and what means acquainted with
the customs of the said manor or any of such customs?
Are there or not any estates or tenements within such manor
which are held of it by copy of court-roll, or under any and
what other tenure or in any and what other manner, for
three lives or any number of lives successively or otherwise
and how? If yea, Is there or not, and hath there or not
been from time immemorial or for any and how long time,
any custom in such manor under and by virtue of which the
widow of the person being possessed of or having any and
what estate or interest in any estate or tenement held of
or under such manor at the time of his death, is entitled
to such estate or tenement or any and what parts thereof
for any and what estate term or interest or to any such or
tlie like effect ? If yea. Set forth the particulars of such
custom fully and at large ; Declare &c.

I

INTERROGATORIES.

179

* Did you or not know J. S. in the pleadings of this
cause named? If yea, Is he hving or dead, and if dead,
where and when did he die, and did you or not see him
after he was dead, and where was he huried, and did you
or not attend at his funeral or how do you know that he is
dead? Declare &c.

* Did you know the leasehold estate called W. in the
particulars of the estate in the pleadings of this cause men-
tioned ? And if yea, Did you know ? And if yea,

Was the said living or dead on the 4th October 1821,

and if dead, when did he die, and how do you know that

the said is dead ? And was or not the said one

of the lives named in the lease of the said estate called
W. as you know or for any and what reason believe?
Declare &c.

To ■prove the, death
of a party and his
burial.

To prove the death of
a nominee in a lease
held for lives.

Did you know A. B. and C. D. ? If yea, Do you know
whether they or either and which of them be now living or
dead? And if they are dead, when did they respectively
die, and how do you know that they are both or either of
them is dead ? Declare particularly your reasons for know-
ing or believing that the said A. B. and C. D. are or that
either and which of them is dead ; And are you acquainted
with the character or manner of hand-writing of the said
A. B. and CD. or either and which of them? If yea. Look
on the exhibit marked with the letter (A) and now produced
and shown to you at this the time of your examination,
and at the names of A. B. and C. D. indorsed thereon as
witnesses to the sealing and delivering thereof, and declare
whether the same be of the respective proper hand-writing
of the said A. B. and C. D. as you know or for any and
what reason believe ; Declare &c.

To prove the death of
subscribing witnesses,
and their hand-writ-
ing.

* Did you or not know J. G. late of , a witness ex-
amined de bene esse in this cause ? If yea. Do you know
whether he is living or dead, and if dead, when did he die,
and how did you become acquainted with his death ? Look
upon the paper-writing now produced and shown to you
at this the time of your examination marked with the letter

To prove the death of
a witness examined
dc bene esse, and a
copy of the register
of hit burial.

180

INTERROGATORIES.

(A) and purporting to be a copy of the register of the

burials of ? Did you at any time and when carefully

examine the same with the entry made in the register book
of or kept for any and v/hat parish or place, and is the
same a true copy thereof as you know or for any and what
reason believe ? Declare &c.

To prove the debt due
to the jilaiHtiJ/'s.

Whether or no was the testator W. O. in the pleadings in
this cause named at the time of his death indebted to the
said complainants or either and which of them in any and
what sum or sums of money, and when and by what means
and on what account did the said testator become so in-
debted ? Declare &c.

To prove that a de-
ceased person iras in-
debted to the defend-
ant;

cppUrntions made to
him for payt/ierit,

the deceased's acknoic-
ledfjments of the debt ;

* Was or not the said S. D. in his life-time indebted unto
the said defendant C. L. in any sum or sums of money as
you know or do for any and what reason believe ? If yea.
In what sum or sums of money and for what or on what
account or accounts and to what amount was the said S. D.
so indebted unto the said defendant C. L.? Whether or no
did the said defendant C. L. by himself or by any other
person or persons and whom in the life-time of the said
S. D., apply to or request the said S. D. to pay or satisfy
him the said defendant C. L. such debt or debts or any or
either or which of them or any and what parts or part
thereof, or make any other and what application to the
said S. D. touching or concerning the said debt or debts or
any or either and which of them or any and what parts or
part thereof? If yea, When or about what time or times
and where and in what manner was or were such application
or applications or request or requests made, and what did
the said S. D. do say or declare then or on that occasion ?
Whether or no did the said S. D. in his life-time and when
or about what time or times and where and upon what oc-
casion or occasions say confess acknowledge or declare unto
you or unto any other person or persons and whom in your
presence or hearing, any thing and what touching or con-
cerning such debt or debts or any or either and which of
them or any and what part or parts thereof? And did you
or did you not at any time or times and when by the order
or direction or at the desire and request of the said S. D.

INTERROGATORIES.

181

or of any other person or persons and wliom write or send
any and what letter or letters or any other and what writing
or writings and of what contents purport or effect to the
said defendant C. L. touching or concerning the said debt
or debts or any or either and which of them or any and
what parts or part thereof? Whether or no did the said
S. D. at any time or times in his Hfe-time and when where
and in what manner and upon what occasion or occasions
and to whom and in whose presence and hearing, admit
confess or acknowledge or promise to pay the said debt or
debts or any or either and which of them or any and what
parts or part thereof? And did or not the saidS. D. at
any time or times and when in his life-time pay or in any
and what manner satisfy the said defendant C. L. the said
debt or debts or any or either and which of them or any
and what parts or part thereof? Declare &c.

that witness wrote se-
veral letters to the de-
fendant by the de-
ceased's direction re-
spcctitig the debt ;

that the deceased pro-
miscd to pay the same ;

and whether the debt
was ever paid.

[To prove the execution of deeds; see p. 203, 4, poslea.]

* Have you now or have you not lately and when last
had in your custody possession or power certain deeds
papers writings and documents in some and what chest or
otherwise of or relating to the estates and family of A. in
the pleadings in this cause named, or of some and which
of them? If yea, How did the same come into you custody
t>r powei*, and from whom and when did you receive or
possess the same and each and every of them, and how did
the same come into the custody possession or power of the
person or persons from whom you received or possessed the
^ame as you know or have heard, or for any and what
reason believe? Declare &c.

To prove that witness
had certain deeds in
his possession, from
whom he received the
same, and how the
same came into the
possession of the per-
sons from ichom he
received the same.

Look upon the deeds papers or writings produced &c.
What do the same respectively })urport to be ? Were or
was the same or any or either and which of them at or
about any and what time or times found and by whom and
on what occasion in the custody of any and what persons
or person amongst any deeds or writing.s relating to any
and what and whose c:3tatc? Where and in whose custody

To prove the finding
of old deeds, and in
whose custody the
same have been.

182

INTERROGATORIES.

have or hath the same or any or cither and which of them
heen from time to time and for any and how long time kept,
and whether or not amongst the deeds or writings relating
to any and what estate, or how otherwise ? Declare &c.

To prove hy v:hom
certain deeds were
brought to a person
to be executed ; whe-
ther the same were
read over to him or
on his behalf'.

* By whom were the said indentures brought over to B.
to be executed, and upon what day in particular, and whe-
ther or no upon occasion of the same being so brought
over and prior to the execution thereof were the same or
any and what parts thereof in particular read over to the
said Sir T. B. by you or by any person and whom by name
on his behalf for their or his approbation, or were the same
or any and what part thereof in particular read over by
any person and whom by name, in or out of the presence
of the said Sir T. B. ? And if yea, By whose directions and
requests did such person so read and inspect the same, and
what parts and for what purpose and with what view in
particular, and where was the said Sir T. B. when such
person so inspected the same or any and what part thereof;
and in particular were you or was any other person and
who by name upon the occasion aforesaid requested by
the said person or persons who brought over the said in-
dentures to B. or either and which of them to peruse and
examine the same on behalf of the said Sir T, B. and to
approve thereof for him, and to see that the same was pro-
perly and fairly drawn up ; and whether or no was the afore-
said memorandum of agreement or any draft of the said re-
lease produced on the occasion aforesaid, or was the same
or any and what part thereof comprised with the said re-
lease, and whether or no, as you do know or have any and
what reason for believing, was it understood or believed by
you and the other persons in the employment or service of
the said Sir T. B. who were present, and by the said Sir T.B.
when he executed the said release, that the said coal com-
prised therein was the same only as was comprised in the
said memorandum of agreement, or was it understood and
known or believed by the said Sir T. B. or by you and such
other persons or either and which of you that the said
release did comprise more than such last-mentioned coal
and what other coal ? Set forth &c.

To prove what the * Whether or no did the persons who brought over the
person ivko brought g,^jj indentures to be executed as aforesaid or either and
the deeds to be ex- i • i <> ,i i ■ p • .• . ^

which 01 them then iniorm or mtnnate to you or to any

Whether tvitness uas
requested by the per<-
son who brought over
the deeds to peruse
and examine the same
on behalf of the per-
son by ichom they were
to be executed ;

Whether any memo-
randum of agreement
or draft accompanied
the deeds, and tvhat
was the understand-
ing at the time of ex-
ecution with regard
to the premises com-
jnised therein.

INTERROGATORIES,

183

Other person present on behalf of the said Sir T. B. that
the said release had been prepared by them or by either
and which of them according to the directions of the said
Sir T. B. or with his knowledge or consent, or intimate or
say any thing upon the aforesaid occasion which had the
effect of inducing you or such other persons present on
behalf of the said Sir T. B. to suppose that the said release
was properly prepared and according to the directions and
instructions received from him, or that he was acquainted
with the terms and conditions thereof, or intimate or say
any thing which had the effect of making you inspect or
examine the same less minutely and attentively than you
would otherwise have done, or which tended thereto ? And
if yea, What was the nature and purport of such intima-
tion, and what fell from such persons and from either and
which of them so far as you recollect the same, and how
long did such person remain at B. after the same release
was executed? Set forth &c,

* Whether or no did you upon occasion of the same re-
lease being brought to B. for execution examine or read
over the whole thereof? And if nay. What were the reasons
which prevented you from so doing or which made you
think it unnecessary so to do ? Set forth &c.

* Whether or no did the persons who brought over the
said release to be executed as aforesaid propose or invite
any inspection or examination thereof? Set forth &c.

* Whether or no was there upon the occasion last men-
tioned any appearance of eagerness and anxiety on the
part of the persons in the preceding interrogatory referred
to or either and which of them that the said indentures of
lease and release should be forthwith executed by the said
Sir T. B. ? And if yea. Did either and which of them ex-
press such eagerness and anxiety to you or to any other
person in your presence, and what reason did they or either
and which of them assign for such eagerness and anxiety
shown ? And whether or no did such eagerness or anxiety
on their part escape your attention and observance at the
time when the same was shown, and did you then draw
any conclusion or inference therefrom ? And if yea, What
conclusion and inference did you then draw, or did you
draw any and wliat inference therefrom at any subsequent

ecutedsaid, ivkich had
the effect of inducing
the witness to believe
that the release had
been prepared accord-
ing to the instructions
given and to be less
careful in examining
the same.

To prove why witness
thought it unnecessary
to examine the inden-
ture of release.

To prove whether the
person who brought
the release to be ex-
amined proposed an,
examination thereof.

To prove that the
person who brouglit
the deeds to be exe-
cuted shoived great
anxiety to have them
executed ;

that such anxiety did
not escape the wit-
ness's observation, and
what inference he af-
tcrivnrds drew there-
from, and inhen for
the first time.

184

INTERROGATORIES.

To prove u-liat steps
7vitncss took vp'.m dis-
covering the inden-
ture of release to be
Ghjcctionable to have
the same altcied, and
the parcels made con-
formable to the de-
scription contained in
the previous af/ree-
tneut.

To prove that tcitness
Ciiandned the atjrcc-
mciit and release ; and
wfien he first disco-
vered that the descrip-
tion of the lands CGm-
prised in the release
differed from the
ocjrccment, or by ivhom
he icas infoimedthere-
oj, and ivhen such dis-
covery was first made,
and the occasion there-

To prove that pro-
mises were held ovt
t'nat the indenture of
rrliase slu u'd ic cor-
rected.

Tn prove that witness
after the release was
c.vrcnted ly Sir T. B.

informed hint, of va-
ric:.'S okjcctlons which.

time, and when did such eagerness and anxiety if any for the
first time appear state, and when did you for the first time
draw any and what conclusion or inference therefrom, and
why did you not draw any such inference therefrom at the
time when the same was shown ? Set forth &c.

'■^Whether or no upon discovering the said grant to be
objectionable did you take any and what steps for the pur-
pose of altering the same, and in what particular or parti-
culars did you endeavour to have the same altered, and
state all such particulars, and whether or no did you ever
and when endeavour to have any alteration made in the de-
scription of the parcels of land in the said release contained
with the view of conforming the same with the description
of the parcels contained in the said memorandum of agree-
ment or with any other and what view, and if not why not ?
Set forth &c.

* Whether or no did you ever compare the said memoran-
dum of agreement and release as to the description of the coal
comprised therein respectively and of the lands comprised
therein respectively and of the lands under which the same
coal did lie, and did you or not discover, or were you or
not informed that the said memorandum of agreement and
release differed in any and wliat particulars, and when did
you for the first time discover that the said memorandum
of agreement and release do differ therein, or by whom
were you informed thereof, and what was the occasion of
such variation being discovered so far as you do for any and
what reason know or believe, and by whom by name was
such variation first discovered ? Set forth &c.

* Vvliether or no while you acted in the said land agency
were any promises made or expectations held out to you
by the grantees named in the said release or by any and
v.'liich of them that the same should be corrected and in any
and what particular, and when and in the presence of whom
by name and upon what occasion were such promises made
or expectations held out, and in what manner were the same
made and held out respectively ? Set forth &c.

* Whether no did you at any time after the release was
executed and when inform the said Sir T. B. that you ob-
jected to the terms and stipulations thereof or to any and
vvhich of them in particular, and v/hcthcr or no did the

INTERROGATORIES.

185

gaid Sir T. B. ever and when in particular express to you
or to any other person as you do know or beheve byname
any disapprobation of the manner and terms in and upon
which the said release had been drawn up ? And if yea.
What was the extent of such disapprobation, and to which
of the terms and stipulations of the said release was such
disapprobation in particular and exclusively directed ? And
whether or no as you do for any and what reason know or
beheve would the said Sir T.B. have continued to .acquiesce
in the said release, and especially would he have acqui-
esced in any claim on the part of the said L. M. C. to the
said farm in the year 1789 occupied by J. K. if any claim
thereto had been made or declared in his Hfe-time or if he
had conceived that any such claim would thereafter be made?
And would he as you do for any and what reason know or be-
lieve have endeavoured to set aside or alter the said release by
any and what proceedings in any and what particulars if he
had become aware of the terms and conditions thereof, and
especially if he had become aware that more coal was com-
prised therein than in the said memorandum of agreement ?
Set forth &c.

* How came you to be present at B. at the time when
the before-mentioned indentures of lease and release were
executed, and for what purpose were you there, and whether
or no for such purpose exclusively or for any and what

other

purposes ?

Set forth &c.

he had discovered to
the terms thereof;
that Sir T. B. ex-
pressed his disappro-
bation of the terms in
ivhich the deed was
drawn up ;
and that he would
never have acquiesced
to any claim on the
part of the grantees
to a particular farm
if s%ich claim had been
made in his life-lime ;
but that he would have
taken proceedings to
have had the deed rec-
tified if he had been
aware that more coal
was comprised therein
than in the jirevious
ayreement.

To prove under what
circumstances witness
happened to be pre-
sent at the time of
the execution of cer-
tain deeds.

* Was there or not any dispute or difference between the
said complainant and defendant relative to the said com-
plainant's paying the sum of £ or any other and what

sum or sums of money to R. T. in the pleadings in this
cause named ? If yea, When or about what time did such
dispute or difference arise or take place, and what was the
particular nature thereof? Declare &c.

* Did or not the said complainant and defendant ever and
when agree to refer such dispute or difference to the arbi-
tration or determination of any person or persons and whom
l)y name ? And if yea, Did or not such person or persons
imdertake such reference and fully and fairly hear the said
complainant and defendant touching such dispute or differ-
ence ? If so, "When and where did such arbitrator or ar-

To prove a dispute
having arisen between
the plaint ijf and de-
fendant with regard
to the payment of a
certain sum of money;

To prove an agree-
ment to refer sucli dis-
pute to arbitration ;
the decision made by
the arbitrator, and
the defendant's acqui-
escence therein.

186

INTERROGATORIES.

bitrators hear the said complainant and defendant, and did
or not such arbitrator or arbitrators make any and what
award or decision or give any and what opinion touching
the matters so referred to him or them ? And was or not
the said defendant ever and when and where and by whom
and how or in what manner informed or made acquainted
with such award decision or opinion, and did he or not then
or at any other time or times and when make any and what
declarations respecting the same, and did he or not ap-
pear to be satisfied therewith? Declare &c.

To prove the receipt
of dividends upon a
sum of stock by the
plaintiff.

* Do you or not know, and if yea, how and by what means,
whether the said complainant H. S. ever and when and of
whom and in what manner received any and what sum or
sums of money and to what amount for or in respect or on
account of the dividends due upon the sum of o£700. 3 per
cent, consolidated bank annuities in the pleadings of this
cause mentioned, and in particular do you know whether
she received such dividends or any part thereof and from
whom subsequently to the day of ? Declare &c.

EXHIBITS.

To prove as exhibits
the abstracts of title
received by the wit-
ness as solicitor for
the defendant.

* Were you or not at any time and when during what
space of time in particular employed by the said defendant
J. G. in the pleadings in this cause named, as his attorney
or solicitor ? If yea, Look upon the exhibits now produced
and shown to you at this the time of your examination
marked respectively (A) and (B), the one marked (A) indorsed
as purporting to be an ' abstract of the title of E. F. M.' &c.
and the one marked (B), indorsed as purporting to be a
* further abstract of the title of E. F. M.' &c. ; Did you
at any time or times and when in particular as the solicitor
or attorney of the said J. G. receive the said exhibits re-
spectively or either and which of them from any person or
persons and whom by name, either on their or his own be-
half or on the behalf of any and what other person or
persons? And are the said exhibits respectively in the
same state and condition in which they respectively were at
the time you received the same from such person or persons
or how otherwise 2 Declare &:c.

INTERROGATORIES.

Interrogatories for examination of an accountant
relative to an account made out by him of the
dealings between deceased persons.

Outline of the plaintiff's case.

G. G. the husband of the plaintiff was agent to D. de-
fendant's husband in L., and as D. made remittances
to G. who paid money for D. in the capacity of agent,
an account was opened between them; G. died. The
person to whom these interrogatories were administered
was employed after G.'s death to settle the accounts
between him and D., afterwards D. died. The plain-
tiff brought her bill praying an account, and alleging
that a sum of money remained due to her from the
estate of D.

1st. [As to knowledge of the parties; see p. 152, antea."]
2d. Were you or not ever and when employed by any
and what person or persons and whom by name, to make out
any account of the dealings and transactions between the
said G. G. and T. D. in their respective life-times ? And if
yea, When did you receive from the said complainant any
books papers or writings for such purpose, and particularly
whether or not any and what books or book which were or
was or appeared to have been kept by or for the said G. G.
in his life-time for the purpose of making entries of any
and what kind relating to dealings between him and the
said T. D. ? Look upon the books now produced &c.
W ere or was the same or either and which of them ever
and when delivered unto you by or on behalf of the said
complainant for such purpose or on such occasion or for
what other purpose or on what other occasion, and what
do the same respectively purport to be ? Declare &c.

od. Did you or not ever and when or about what time
in any and what manner apply to the said T. D. to deliver
or send up to you or furnish you with any books or book
of account papers or paper matters or things for or towards
enabling you to make out or assisting you to make out the
account of dealings and transactions between the said G.G.
and T. D., and did or not the said T. D. ever and when or in
what manner deliver or send unto you any and what books
or book of account papers or writings for such purpose or

187

EXHIBITS.

To prove that witness
was employed to make
out the accounts ;

also to prove as ex.-
hiblts the hooks de-
livered to hitn on the
part of the plaintiff,
which had been kept
by her deceased hus-
band.

To prove applicatiouM
made to the dcfend-
aiifs late htisbandfor
his books of account ;
also prove the same
as exhibits.

188

INTERROGATORIES.

EXHIBITS.

To prove as anexhlhit
the account made out
by icitness, or a copy
thereof, and whether
the same is true or
false.

To prove that a copy
of Ike accoimt as made
out by the icitncss was
sent to the deceased
husband of the de-
fendant.

To prove meetingshad
by the witness with
the husband of the de-
fendant ill order to the
settling of the account
drarcn out, what pass-
ed thereat and what
acknoivledgmcv ts
were made by him.

in consequence of such application? Look on the books
papers and writings &c. Were or was the same or any or
either and which of them dehvered or sent unto you by
the said T. D. on such occasion or for such purpose, and
what do the same produced books papers and writings re-
spectively purport to be ? Declare &c.

4t]i. Did you or not ever and when draw out any account
in writing of or concerning the dealings or transactions of
all or any and what kinds which were had or passed be-
tween the said G. G. and T. D. for any and how long time
or times and from and to what times? Did you or not pre-
viously to or in order to the drawing out of such account,
carefully or otherwise and how examine inspect or peruse all
or any and which of the books papers or writings which were
delivered or sent unto you for such purpose by or on behalf
of the said complainant and the said T. D. respectively or
by or on behalf of either and which of them ? Look upon
the book or writing &c. Is the same or not the account
which, if any, was so drawn out by you, or a true copy there-
of? Doth the said book or paper marked contain a

just and true account of all dealings and transactions between
the said G. G. and T. D. for the time for which the same
appears to be an account, or are there any and what errors
omissions or false charges therein and for what reason?
Point, out all such errors omissions and false charges and
how the same happened therein ? Declare &c.

5th. Whether or no was a copy of the account which,
if any, was drawn out by you as is inquired after in the 4tli
interrogatory, at or about any and what time delivered or
sent and by whom unto the said T. D. ? Was the same or
not a true copy of the said book or writing &c. or did the
copy which, if any, was so sent or delivered, in any and
what respect differ or vary from the said produced books
or v/ritings marked &c. ? Declare &c.

6th. Whether or not were any meetings had and how
many in number between you and the said T. D. for or in
order to the settling examining or considering of the said ac-
count which, if any, was drawn out by you as is inquired
after in the 4th interrogatory ? If yea. When or about what
time and where were such meetings had, and how long were
you and he together at each of such times ? Did or not
the saidT. D. at all or any and which of such meetings with
any and what degree of care or attention or otherwise and

INTERROGATORIES.

189

how, examine the whole or any and what part of such ac-
count and all or any and which of the articles therein ;
and were or not any and what books papers or writings in-
spected or examined by him and you or one and which of
you at such meetings or either and which of them? Set
forth what passed between you and the said T. D. at such
meeting touching the settling or adjusting inspecting or ex-
amining of the said account or in any manner relating to
the several items or charges therein, and how the said
T. D. at such respective meetings expressed himself relating
thereto ; Did or did not the said T. D. at any time and
which of such meetings or at any and what other time in
any and what manner acknowledge or allow the said ac-
count or any and what particulars thereof to be just and
true ? And did he or not finally make any and what ob-
jections thereto, or to any and what articles matters or
things in his favor and to what amount ?

7th. [To prove in evidence the acJcnowledgments made by
the deceased husband of the defendant, in his own hajnd-
ivriting, contained in an account book ; see the 3d interro-
gator?/ inserted in p. 158, afifea.^

8th. [To prove remittances of bills of exchange; the
same interrogatory as inserted postea, p. 249.]

Lastly. [The concluding generalinterrogatory ; see p. 153,
antea.l^

EXHIBITS.

* Do you know L. N. in the pleadings named, and how
long and in what character were you acquainted with him,
and can you [or are you able] by any and what means
[to] speak to his hand-writing? Declare the truth, and
your utmost knowledge remembrance and belief herein.

* Look at the exhibit now produced and shown to you

marked with the letter and purporting to be a certain

diary or account kept by the said L.N. between the months
of January and October 1780; Whether or no is the same
such diary or account, and in whose hand-writing is the said
diary or account, and in what character or capacity was
the same kept or written by the said L. N. or by any other
and what person by name ? Declare the truth &c. [ ut
supra. ]

To prove the hand-
writing of and also
to prove as an ex-
hibit a diary or ac-
cotmi kept by a land
agent to a proprietor
of extensive coalmines

190

INTEfeROGATORIES.

EXHIBITS.

To prove the signa-
ture to an agree^
tnent by some person
acquainted with the
party^s hand-writing.

To prove the signa-
ture of a deceased
person to an agree-
ment, by persons ac-
quainted tcith his
hand-writing .

To prove witnesses
signature to an agree-
ment as agent for or
on behalf of the de-
fendant ; ichat passed
previously to his sign-
ing the same, and
whether the defend-
ant approved thereof.

To prove the exe-
itution of an agree-
ment ichich had been
signed by the agent of
ojie of the parlies
thereto ;

Look upon the paper-writing now produced and sho^vn
to you at this the time of your examination marked with
the letter (A) ; Whether or no are you by any and what
means acquainted with the character and manner of hand-
writing of the said defendant L D. ? And whether or no is
the name I. D. appearing to be set and subscribed to the
said produced paper-writing of the proper hand-writing of
the said defendant I. D. as you know or beheve? De-^
clare &c.

Whether or no were you acquainted with R. D. late
of — '■ — but now deceased, and did you ever see the said
R» D. write, or are you by any and what other means ac-
quainted with the character or manner of hand-writing of
the said R. D. ? Look upon the paper-writing now pro-
duced &c. Whether or no is the name R. D. appearing to
be set and subscribed to the said produced paper-writing
marked (A) of the proper hand-writing of the said R. D<
or as you know or believe ? Declare &c.

Look at the paper-writing marked with the letter (A) and
now produced &c. Whether or no is your name appearing to
be set and subscribed thereto for the said defendant of your
proper hand-writing ? If yea, When did you so set and
subscribe your name thereto, and whether or no had you
the instruction or direction of the said defendant to sign
such paper or any such paper, or to make any such agree-
ment or any other and what agreement with the said com-
plainant ; or did you at any time and when previously in-
form him or intimate to him that you would on his part sign
such paper or make any agreement to any such or what
other effect with the said complainant, and did he approve
of such your intention or how otherwise ; or did you at any
time and when first afterwards inform him or in any and
what manner intimate to him that you had such paper or
made any agreement to any effect with the said complainant
and did he approve thereof or how otherwise, or with what
authority and with what intention did you so sign and sub-
scribe the said paper-writing or agreement? Set forth &c.

* Are you acquainted with the character or manner of
hand-writing of the said M. S. and the said A.W. and J.W.
or either and which of them ? If yea, Look on the paper-
writing now produced and shown to you at this the time of

INTERROGATORIES.

your examlhation marked with the letter (A) purporting to
be an agreement between the said M. S. on behalf of the

said A.W. and the said J. F. bearing date , and at the

names M. S. and J. F. thereunto subscribed, and declare
whether the same be of the respective hand-writing of the
said M. S. and J. F. as you know or for any and what reason
believe ? And look at the name A. G. set and subscribed as
an attesting witness to the execution of the said agreement,
and is the same of your proper hand-writing, and did you
see the execution of the said agreement by the said M. S.
and J. F. or either and which of them ? And look at the
memorandum indorsed on the said agreement purporting
to be a ratification of the said agreement by the said A.W.
and the name A.W. thereunto set and subscribed ; Is the
said name of the proper hand-writing of the said A.W. as
you know or for any and what reason believe ? Declare &c.

191

EXHIBITS.

And the memorandum
indorsed, signed by
suck party, ratifying
the act of her agent.

* Do you know the character and manner of hand-writing

of ? If yea, Look upon the exhibits now produced

and shown to you at this the time of your examination
marked respectively and purporting to be bills of ex-
change and promissory notes drawn indorsed or accepted
by the said , and look at the names thereon re-
spectively written as drawer indorser or acceptor of the said
bill or bills of exchange promissory note or promissory notes

or some and which of them ; Are the names • thereon

respectively written of the proper hand-writing of the said

as you know or for any and what reason believe?

Declare &c.

To prove bills of ex-
change, promissory
notes, Sfc.

Look upon the bond or paper-writing now produced &c.
Whether or no was the said produced writing at any time
and when signed sealed and delivered or in any and what
manner executed by any person and whom in your pre-
sence ? And is your name set and subscribed as a witness
thereto of your proper hand-writing, or whether or no were
you acquainted with any person or persons whose name
or names appear to be set or subscribed to the said bond
or paper-writing as a witness or witnesses thereto ? And

To prove the execu^
tion of a bond by
a subscribing witness,
or if dead, by persons
acquainted with the
hand-writing of the
suhsciibing witness or
witnesses.

192

INTERROGATORIES.

EXHIBITS.

did you ever see such person or persons write, or were you
by any and what other means acquainted with the character
or manner of hand-writing of such person or persons?
And is or are the name or names of such person or persons
so set and subscribed to the said bond or paper-writing of
his her or their proper hand-writing? And whether or no
is or are such person or persons now hving or dead, and
if dead, when and where did he she or they die as you do
for any and what reason know or beheve ? Set forth &c.

To prove the prepare
ing a bond by witness
as solicitor to a per-
son since dead, for se-
curing payment of a
sum of money by the
plaintiffs ;

also to prove the bond
as an exhibit ;

the objection taken by
them to the bond being
prepai'ed as a common
money bond;

also to prove as an
exhibit the minute
made by tvitness of
the actual coiisidei-
ation of the bond and
by whose desire, or to
prove the contents and
purport thereof.

Interrogatories to be exhibited &c. [ see
J). 148, antea,^ in a cause wherein J. L.
the elder and J. L. the younger are plain-
tiffs, and E. T. and J. G. are defendants,
on the part and behalf of the said com-
plainants.

1st. [The general interrogatory as to knowledge of par-
ties; see p. 152, antea.l

2d. Whether or no were you in the year employed

by T. C. late of in the county of but now de-
ceased and in the pleadings in this cause named as his
attorney? Whether or no did you in that character or
otherwise at any time and when in or about the month of
^ prepare a bond to be executed by the said complain-
ants for the payment of the sum of „£"• to the saidT. C?

Look upon the paper-writing now produced &c. ; Whether
or no is such paper-writing the said bond so prepared by
you as aforesaid ? Whether or no did the said complainants
or either of them in the presence of the said T. C. or
otherwise object to the said bond being prepared as a
common money bond, and for what reason and what passed
thereupon between the said complainants or either of them
and the said T. C. or yourself, and whether or no were
you at any time and when desired by any person and whom
and in whose presence to make a minute in writing of the
actual consideration of the said bond, or to any such or
the like and what effect, and whether or no did you make
any such minute, and whether or no with the consent or in
the presence of the said T. C, and whether or no did you
then or at any time and when read over such minute to or
in the presence of the said T. C. and the said complainants

INTERROGATORIES.

1.M3

or either of them; and did the said T. C. make any and
what observation thereupon ? Look upon the paper-writing
now produced &c. Whether or no is the said paper-writing
the minute so written by you as aforesaid, or what hath be-
come of such minute, and set forth the contents and pur-
port thereof to the best and utmost of your recollection
and belief? Declare &c.

3d. Look upon the paper-writing now produced &c. Whe-
ther or no is your name set and subscribed as a witness
thereto of your proper hand-writing ? When and where and
in whose presence did you so set and subscribe your name
as a witness thereto ? Whether or no previously to the ex-
ecution of the said bond did any conversation pass between
the said complainants or either of them and T. C. in the
said bond named, as to the consideration of the said bond ?
If yea, Set forth the particulars of such conversation and
what was said thereon by the said T. C. and the said com-
plainants or either of them or any other person or persons
to or in the presence or hearing of the said T. C ? De-
clare &c.

Lastly. {The last general interrogatory ; see p. 153, antea.'\

Observations. — The bill charges the bond to have been

given for the purchase of T. C.'s interest in two farms,

farm and farm. By the answer it appears that T. C. had

not at that time farm, and there is therefore a plain

mistake in the bill, which ought to be amended before the
replication is filed. The motion to amend should be amend-
ing defendant's office-copy, and requiring no further an-
swer and will create therefore no delay. Inquiry ought to
be made of Mr. H. as to this minute in writing. If he has
it he must be served with a subpoena duces tecurn to pro-
duce it upon his examination. If he delivered it over it
may be necessary to give notices or to take other measures
before parol evidence can be given by Mr. H. of its con-
tents.

EXHIBITS.

To prove the witness's
attestation of the bond,
and what conversation
passed between the
plaintiff's and the ob^
liyee as to the consi~
deration of the bond.

Look upon the two bonds or paper-writings now pro-
duced and shown to you at this the time of your examina-
tion marked with the letters (A) and (B) ; Whether or no
were or was the same or either and which of them made
and executed by you at the times they respectively bear

Vol. II. ' N

7o prove the execu-
tion of two bonds,
and nndcr what cir-
cumstances.

194

INTERROGATORIES.

EXHIBITS.

date or when else and under what circumstances and for
what considerations respectively, and on what terms and
conditions were you articled as a clerk to the testator W. G.
in the pleadings in this cause named ? Declare &c.

To prove that a case
was laid before coun-
sel, and by whom, and
the points submitted
for counsel's opinion.

To prove as an ex-
hibit the case which
was laid before coun-
sel, with his opinion
thereunder written ;

Also to prove xvhether
witness, by the direc-
tion of a deceased
person, or of his own
suggestion, laid any
other case before coun-
sel relative to the mat-
ters before submitted
to counsel.

* Whether or ho was any case during the life of the said
Sir T. B. submitted to any and what counsel or other legal
person and whom by name for his advice and opinion upon
any matters relating to the said memorandum of agreement
or release or either and which of them, and if yea, by
whom was such case so submitted and by whose authority
and directions, and what were the points thereby submitted
for such opinion and advice ? Set forth &c.

* Look upon the exhibit or paper-writing now produced
and shown to you marked with the letters Z. Z. and pur-
porting to be a case stated by you the before-named M. S.
for the opinion of C. F. esq. formerly of Bream's Buildings,
with his opinion thereon, dated the 24th day of August
] 790 ; Whether or no are the same such case and opinion
respectively and by whom was the said case drawn up and
prepared and in whose hand-writing is the same, and is the
opinion thereunder written in the hand-writing of the said
C. F. or was the same written by his authority and dictation
as you do for any and what reason know or believe, and did
you receive the same in answer to the case so submitted to
the said C. F. as aforesaid ; And whether or no did you or
any other person being the agent of or in any manner em-
ployed by the said Sir T. B. or by the said defendants or
either of them prior to or in the month of September 1790,
submit any other case than that set forth in the last men-
tioned exhibit upon any other question concerning the said
memorandum of agreement and release or either and which
of them for the opinion and advice of the said C. F. or any
and what other counsel or legal person for his advice or
opinion ; And whether or no did you state such case and
take such opinion of your own authority or suggestion or
by any direction from the said Sir T. B. for that purpose;
And whether or no did he ever know of such opinion being
taken or hear of or see the same ? Set forth &c.

INTERROGATORIES.

195

* Look upon the paper or exhibit now produced and
shown to you at this the time of your examination marked
(A); From whom and upon what occasion did you receive
the same, and was the same deUvered to you or to any other
person to your knowledge or behef and by whom as a
particular or catalogue of any and what sale ? Declare &c.

EXHIBITS.

To j)rove a catalogue
of sale as an exhibit.

Whether or no doth the said produced writing marked A.
contain the words following or any and what other words,
that is to say ; [ Setting out the instrumeiit verbati?7i. ] Have
you or not at any time and when and with whom examined
and compared the said produced writing with the words
set forth in this interrogatory as being a copy thereof?
Declare &c.

To prove the contents
of an exhibit.

* Whether or no did the said defendant C. L. as you
do or for any and what reason believe deliver or cause to
be delivered unto the said S. D. in his life-time a written
account or any writing purporting to be an account of
some debt or debts or sum or sums of money that was or
were due or owing by or from the said S. D. to the said
defendant C. L.? If yea, In what character and language
was such account or writing written or made out, and when
or about what time was the same delivered to the said S. D.
and what was or were the particular or particulars of such
debts or debt sum or sums of money, and how much did
the same amount unto in the whole as you know remember
or beheve? Whether or no did the said S. D. as you know
or do for any and what reason beheve peruse or examine
the said account? Did or did not the said S.D. ever de-
liver the said account to you ? If yea, When or about what
time and for what purpose did he deliver the said account
to you ? Did you or did you not by the order or direction
of the said S. D. or otherwise and how at any time and
when make or write a true copy of the said account? If
yea, In what language and character and for what purpose
was such copy made or written, and was or was not such
copy at any time and when and by whom delivered to tJie
said S. D.? And did or did not the said S. D. at any
time or times and when peruse or examine the said copy.

To prove as an ex'
hibit the copy made
by witness by the di-
rection of a deceased
person, of an account
ichich had been de-
Uvered to him of mo-
nies owing by him ;
ill ivhat lanyuuye the
account and the copy
thereof wc7-e written ;
the observations tvhich
the deceased wrote on
the copy, and in what
hmguayc ; and re-
quiring the witness
to translate the copy,
distinguishing his oicn
and the deceased's
hand-ioriting .

19^ iKTERROGATORIEf;.

EXHIBITS* 1 Ti , T, , . , . If..

and dul he or did he not m his own hand-writing or other-
wise and how and in what languacre and character and at
or about what time or times make or write any and what
minutes memorandums or observations on the said copy ?
Whether or no is the paper-writing marked with the letter
(B) and now produced by you, or any and what parts or
part thereof of your own hand-writing? If yea. How
much or what part or parts thereof is or are of your
own hand-writing ? And how much and what part or parts
thereof is or are of the hand-writing of any other person
or persons and whom as you know or do for any and what
reason believe ? Is or is not the said paper-writing marked
with the letter ( B ) the copy which was fiiade or taken by
you of the aforesaid account ? If yea, Translate the said
paper-writing marked with the letter (B) and all the mi-
nutes memorandums and observations written or made
thereon into and set forth the same in the English language,
and in making such translation distinguish and point out
the English- of so much or of such part or parts of the said
paper-writing as was or were written by you, and also the
English of so much or of such part or parts of the said
paper-writing as was or were written by any other person
or persons and whom ? Declare &c.

To prove a copy of Look upon the said paper-writing or agreement now pro-
uii mjreewcitt hucnKj duced See ; Whether or no did you at any time and when
Li' / '1^'*^' " ''' and where deliver to the said defendant any paper-writing
purporting to be a copy of the said paper-writing, and was
the same a true copy thereof? And whether or no did you
at the time of delivering such copy produce to the said de-
fendant the said original paper-writing or read the same to
liim, and did any thing and what pass between you and the
said defendant thereupon ? Declare &c.

To prove as an ex- * Look upon the exhibit now produced and shown to ycu

hibitacopyofndraft ^^ ^i^j^ ^^xe time of your examination marked ; Is or

vreviovalii to any ol- , , , i . i i i i^

tnafku>i beinq made 1'"*' ^^'"^ ^'i'"^' ^'-'^^ copy made or caused to be made by you oi

therein.

INTERROGATORIES.

197

the said draft lease previously to the alterations made
therein ? And is or not the said exhibit a true and exact
copy of such draft lease previously to such alterations?
jDeclare &c.

EXHIBITS.

* Look upon the paper-writing or exhibit now produced
and shown to you at this the time of your examination

marked with the letter ■ ; Did you compare or examine

the same with any and what books or book of the Governor
and Company of the Bank of England or with any and
what book or books entry or entries or not ? If yea, Doqs
the same contain a true copy of such book or books entry
or entries with which you so examined or compared the same
or not ? Declare &c.

To prove a copy of
an entry of stock in
the Bank stock books.

Look upon the parchment-writing now produced &c. pur-
j^orting to be a copy of a court roll ; Did you at any time
or times and when carefully examine the same with the court
roll of any and what manor by name ? If yea, Is the same
sx true copy of the court-rpU of which the same purports
to be a copy as you know or believe ? Declare &c.

Look upon the paper-writing now produced and shown
to you at this the time of your examination marked with
the letter (A) ; Did you at any time or times and when
and where examine the same with any entries or entry
■thereof made in the court rolls or court books of the manor
of M. in the county of H. and are or is the same or any
and which of them true copies or a true copy of such en-
tries or entry? Declare the truth and your knowledge
herein.

Look upon the paper-writings now produced and shown
unto you at this the time of your examination marked with
the letters A., B. &c. ; Whether or no did you at any time
and when and where examine the same with any entries
thereof made in any and what court rolls of the manor of
K. in the pleadings in this cause mentioned ? And whether
or no are the same true copies of such entries ? Declare &c.

To prove a copy of a
court roll.

To jnove as an ex-
hibit a copy made of
entries on the court
rolls (in jiroving the
customs of a manor.)

To prove copies of
cntrl -s on the court
rolls.

198

INTERROGATORIES.

EXHIBITS.

To -prove a copy of
an entry in a parisk
register book.

To prove copies of en-
tries in reyister books
of births, burials, Sfc.

To prove copies of en-
tities in registers of
baptisms, burials, i^'c.
In whose custody the
registers were, to
lohom the entries re-
late, and by what
weans witness ivas ac-
quainted ivith them.

To prove, copies of en-
tries in parish regis-
ters as relating toper-
sons mentioned in the
pleadings, and the
degree of relationship
which svch persons
bore to a deceased
person.

Look upon the paper-writing now produced &c. Did you
at any time and when and where carefully examine the same
with any entry thereof made in the register book of any
and what parish or place ? If yea, Whether or no is the
same a true copy of such entry ? Declare &c.

Look upon the paper-writings now produced and shown
to you at this the time of your examination marked re-
spective'.y with the letters A., B. &c. ; Whether or no did
you at any time and when and where carefully examine the
same with any entries thereof made in the register books of
any and what parishes or places and are the same true
copies of such entries respectively ? Declare &c.

* Look upon the writings now produced to you marked
No. L &c. What do the same severally purport or ap-
pear to be ? Did you ever and when examine the same or
any and which of them with any and what registers or re-
gister of baptisms or burials kept in any and what parish
or place ? If yea, When did you so examine the same, and
in whose custody or power were or was such registers or
register respectively? Are or is such produced writings true
copies or transcripts of any and what entries in such re-
gisters or register concerning any and what person or per-
sons, and who is or are or was or were such person or per-
sons respectively as you know or for any and what reason
believe, and particularly were you ever and when and by
what means acquainted with such person or persons re-
spectively ? Declare &c.

* Look upon the paper- writings now produced and shown
to you at this the time of your examination marked re-
spectively with the letters ; Did you compare and ex-
amine them or either and which of them with the register
books of or kept for any aisd what parishes or places, and
are they or is either and which of them true copies or a
true copy of any and what entry or entries in any and which
of such register books as you know or for any and what
reason believe ? And do any or either and which of such
exhibits as you for any and what reason know or believe
relate to the births marriages or deaths of any or either and
which of the persons mentioned in the pleadings of this
cause ? And what degree of relationship did such persons
respectively bear to the said intestate J. N. ? Declare &c.

I

INTERROGATORIES.

199

What is the proper Ecclesiastical Office for the probate
of wills of persons dying in the parish of W., commonly

called in the county of W. ? Whether or no have you

carefully examined such office for the purpose of finding
wills of J. C. late of &c. who died in or about the year

, and of T. C. late of , who died in or about the

year ? If yea, Have you found any will of the said

J. C. or of the said T. C. or either and which of them, or
doth it appear that administration of the goods chattels
rights and credits of the said J. C. or of the said T. C. was
at any time and when granted to any person or persons and
to whom ? Look upon the paper-writings now produced and
shown to you at this the time of your examination marked
with the letters A. B. &c. ; Whether or no are the same
true copies of entries in the register books of the said
Ecclesiastical Office ? Set forth &c,

EXHIBITS.

To prove search made
for wills of particular
persons, and discovery
made of grants of
letters of administra-
tion to their estates ;

also to prove copies of
entries in the register
books of the Ecclesi-
astical Office.

* Did you at any time and when receive any and what
hand-bills from any person or persons and whom by name
relating to or for the discovery of A. G. in the pleadings of
this cause named ? If yea, Look upon th6 exhibit now pro-
duced and shown to you at this the time of your exami-
nation ; Is the same a true copy of such hand-bills as you
know or for any and what reason believe, and did you dis-
tribute or cause to be distributed any and what number of
such hand-bills of which the said exhibit is a copy in any
and what place or places and by any and what means ? De-
clare &c.

To prove as an exhibit
a copy of hand-bills
distributed for the dis-
covery of a person.

Look upon the paper-writings now produced and shown
to you at this the time of your examination marked re-
spectively with the letters F. G. &c. ; Whether or no did
you at any time and when and where carefully examine the
same with any writings or inscriptions upon any and what
tomb-stones or monuments in any and what churches or
church-yards ? If yea. Whether or no ai'e the same true
copies of such writings or inscriptions respectively ? De-
clare &c.

To prove copies of
inscriptions on tomb-
stones.

200

INTERROGATORIES.

EXHIBITS.

To prove the copy of
« judgment.

To prove copies of
judgments.

* Look upon the paper-writing now produced and shown

to you at this the time of your examination marked ,

and purporting to be a copy of a judgment in his Majesty's

Court of at Westminster, in a certain cause in which

are plaintiffs and defendants. Did you compare

and examine the said paper-writing with any and what
record or roll, and where did you so examine and compare
the same, and is the same a true copy of such record or
judgment? Declare &c.

* Look upon the paper-writings now produced and shown
to you at this the time of your examination respectively,

marked with the letters , and respectively purporting

to be copies of judgments in his Majesty's Court of at

Westminster against the saidE.F. Did you compare or
examine all or either and which of such paper-writings or
writing with any and what record or roll, and where did you
so examine or compare the same or either and which of
them, and are or is the same or either and which of them
true copies or a true copy of such records or record or
Judgment or judgments respectively? Declare &c.

To pTove the copy of
an. inqvisition of lu-
nacy, and of the order
directing a traverse.

\^The cnmmissliDi of lunacy
tiling undir tlic great seal
piuvis itself.]

* Look upon the paper-writings or exhibits now produce^
and shown to you at this the time of your examination

marked respectively . Did you compare and examine

both or either and which of such exhibits with any and,
what original filed or kept in any and what office ? And
when did you so examine and compare the same or either
and which of them respectively, and are they or is either
and which of them respectively true copies or a true copy
of such originals respectively ? Declare &c.

To prove as exliihits
cophs of maps or
plans and. of a book
of reference, the ori(/i-
iials whereof were di-
rected by A ct of Par-
liament to be deposited
in a particular office ;
also to prove, that a
piece of land and stone
ijtiarry were conipris-
td in the original
maps.

* Have you or not ever and when examined the maps or
plans and book of reference mentioned and referred to in
and by the Act of Parliament in the pleadings in this cause
mentioned ? If yea, Where were such maps or plans and
book of reference then kept or deposited f Look upon
the maps or plans and book of reference now produced and
shown to you at this the time of your examination marked

with the letters ; Are or is such last-mentioned maps

or plans and book of reference or either and which of thern
so far as the same relate to the piece of ground mentioned

INTERROGATORIES.

201

or described in the said original maps or plans and book of
reference mentioned or referred to in and by the said Act

of Parliament as No. 15 in the parisli of , true and

correct copies or a true and correct copy of such original
maps or plans and book of reference ? And have you or
not at any time and when examined the same with such
original maps or plans and book of reference ? Were or not
the said piece or parcel of land and quarry in the preceding
interrogatory mentioned comprised or included in the said
original maps or plans and book of reference under the

said description of No. 1 5 in the parish of at the time

of the passing of the said Act of Parliament as you know
or do for any and what reason believe ? Declare &c.

EXHIBITS.

* Look upon the exhibit now produced and shown to you
at this the time of your examination marked with the

letter ; Is the said exhibit a true copy of any and what

original paper, and did you or not at any time and when
compare the said exhibit with any and what original paper I
And did you or not at any time and when in particular
serve upon or deliver to any and what person or persons
upon any and what occasion and by whose grder or direction,
the said original paper of which the said exhibit is a true
copy, and what did such person or persons say at the time
of the service or delivery of such original paper, and by
whom was such original paper signed, and how do you
know who signed such original paper ? Declare &c.

To prove the copy of
a notice, and when
such notice was serv-
ed, by w'hosc direc-
tion, and by whom
signed.

* Are you acquainted with any custom existing at the
Bank of England as to keeping letters of attorney by which
persons entitled to or possessed of stock authorize others
to accept such stock in their names and to receive and give
receipts for dividends upon such stock ? If so, Set forth
what such custom is ; And look upon the paper-writing pro-
duced and shown to you at this the time of your examina-
tion marked with the letter (A) ; Is the said writing a true
and exact copy of any and what letter of attorney formerly
and when and by whom and for what purpose deposited
with and now in the custody of the said Bank of England
or how otherwise ? Declare &c.

To prove the custom
at the Bank of Eng-
land of retaining
powers of attorney to
receive dividends ;

Also to prove as an
exhibit a copy of a
power of attorney
there deposited.

202

INTERROGATORIES.

EXHIBITS.

To prove copies of

records.

To prove copies of
orig inn I ivritings, a u d
in whose custody the
same icere, mid the
purport thereof.

*Look upon the parchment or paper-writings produced
and shown to you at this the time of your examination
marked respectively with the letters A. &c. ; Whether or no
do or doth the same or any or either and which of them
contain a true copy or copies of any and what record or
records of any and what court or courts of any and what
original or originals of which the same do or doth purport to
be a copy or copies ? Have you or not carefully examined
or comjiared the said produced papers or writings or either
and which of them, with such, if any, record or records or
other original or originals, and when where and with whom ?
Declare &c.

* Look upon the paper-writings now produced and shown
to you at this the time of your examination, and marked

with the letters ; Vv hat do the same severally purport

or appear to be ? Are or is the same or any and which of
them true copies or transcripts or a true copy or transcript
of the whole or any and what part of any and what ori-
ginal writings or writing, and did you examine and compare
the said produced writings or any and which of them, and
in whose custody or power were such original writings re-
spectively or any and which of them at the time you sq
examined and compared such produced writings therewith
respectively ? What did such original writings purport or
appear to be ? Declare &c.

To prove the register'
ing of a deed by a
copy of the registry,
and the indorsement
of such registration
on the exhibit.

* Look upon the exhibit now produced and shown to you
at this the time of your examination marked with the
letter (B) ; Is or not such exhibit a true copy of any and
what register or enrolment of any and what deed in any
and what office for registering of deeds in any and what
county ? And did you or not compare such exhibit with
any and what record or original enrolment in any and what
office for the registering of deeds in any and what county ?
And do you or not know when such enrolment was made?
And is not such register or enrolment the register of the
said exhibit marked (A) in the preceding interrogatory men-
tioned and referred to ? And is not such register or enrol-
ment indorsed on the said exhibit marked (A), and is or
not the said indorsement a true copy of the registry of the
said deed in the register book for any and what county ?
Declare iS;c.

INTERROGATORIES.

203

* Look at the parchment-writing now produced and shown
to you at this the time of your examination marked with the
letter (B) purporting to be a counterpart copy of a lease from

the said A. W. to the said J. H. bearing date the day

of ; Did you or did you not examine the said coun-
terpart with any and what deed from to J. K. of ,

EXHIBITS.

and is or not the said parchment-writing a true copy of the
same ? Declare &c.

To ■prove as an exhibit
a counterpart of a
lease, and that the
same corresponded
with a former lease
of the same premises.

* Do you or not hold any and what office under the
Ecclesiastical Corporation of the Dean and Chapter of the
Cathedral Church of the Blessed Virgin Mary of S. ? If
yea, Do you or not know the common seal of and which is
used by the said Corporation ? If yea, Look at the exhibit

marked and now produced and shown to you at this

the time of your examination, and look at the seal thereto
fixed and annexed ; Is the said seal the common seal of the
said Corporation of the Dean and Chapter of the Cathedral
Church of the Blessed Virgin Mary of S. ? And if yea, By
whose order direction and authority and when and by whom
was the said seal affixed or annexed to 4;he said exhibit as
you know or for any and what reason believe ? Declare &c.

To prove a corpora-
tion seal affixed to a
deed.

* Was or not the said testator J. M. deceased at the time
of liis death justly and truly indebted to the said com-
plainant in any and what sum or sums of money on simple-
contract ? If yea, Look upon the paper-writing now pro-
duced and shown to you at this the time of your exami-
nation marked ; Does or not the said paper-writing

contain a just or true account of the particulars of such
debt or debts, and are or not the charges therein contained
fair and reasonable as you know or for any and what reason
believe ? Declare &c.

To prove the debt due
to the plaintiff ac-
cording to the par-
ticulars contained in
an exhibit.

Look upon the deed or writing now produced &c. ; Whe-
ther or no was such deed or writing at any time and when
signed sealed or delivered in your presence by any person
or persons and whom ? And were you a subscribing witness

To prove the execu-
tion of a deed by the
subscribing wiincssm

204

INTERROGATORIEg.

EXHIBITS.

To j)rove a innrriac/c
scttU'inciit by the isitb-
SLiibinfj icitnesscs.

7'(9 'prove the cxccv-
iinn of a deed and
puiftnoit of the con-
sidcration-woney by
the subscribiny icit-
nesscs.

to the signing sealing or delivery thereof by such person
or persons ? And is your name indorsed and set as a sul^-
scribing witness thereto of your proper hand-writing t De-
clare 6cc.

* Look upon the [ paper or] parchment-writing now
produced and shown to you at this the time of your exa-
mination marked with the letter (A) and purporting to be
a settlement made on the marriage of the said J. B. with
the said A. R. ; Did you or not see the same signed sealed
and delivered and by whom respectively and when and
where and in whose presence ? And look upon the names

subscribed thereto ; Are such respective names of the

respective hand-writing of the said ? And look upon

the names ■ signed as witnesses to the said exhibit ; Is

either and which of those names of your proper hand-writ-
ing, and did you see either and which of the said other
M-itnesses write their names as witnesses thereto, and were
you and such other witnesses present at the time the re-
spective parties or either and which of them signed sealed
and delivered the said deed ? Declare &c.

* Look upon the exhibit noAv produced and shown to you
at this the time of your examination marked Avith the letter
(A), and look upon the indorsement on the back of the said
exhibit ; Did you or not at any time and when see the said
exhibit sealed and delivered by any and what person or per-
sons and delivered as the act and deed of any and what
person or persons and whom by name ? And did yoq or
not see the indorsement or acknowledgment at the back of
the said exhibit signed and by whom, and did you or not see
the money in the said acknowledgment mentioned to have
been received paid and by and to whom ? And are the names

indorsed and set as one of the subscribing witnesses

to the sealing and delivery of the said exhibit and the re-
ceipt of the said consideration-money of your own proper
hand-writing? And are the names and characters in-
dorsed and set as the names of the other subscribing wit-
nesses attesting the sealing and delivery of the said exhibit
and the receipt of the said consideration-money of the pro-
per hand-writing of the said or whom else, and did

you see the said set his name as a subscribing witness

to the due execution of the said exhibit and the receipt
of the cunteidcratiun-muney l Declare ivc.

INtElRKO(iATORIES.

205

* Look upon the exliibit or exhibits now produced and
shown to you at this the time of your examination marked

, and look upon the indorsement on the back of the

said exhibit or exhibits respectively ; Did j^Ou or not at any
time and when see the said exhibit or exhibits or either and
which of them sealed and delivered by any and what person
or persons and delivered as the act arid deed of any arid
what person or persons and by whom respectively by name ?
And did you or not see the indorsement or indorsements
acknowledgment or acknowledgments at the back of the
said exhibit or exhibits and either and which of them
signed by any and what person or persons and by whom by
name, and were you or not a subscribing witness to the seal-
irig SLnd delivering of the said exhibit or exhibits or either
and which of them by any and which of the parties thereto,
and to the signing of tlie receipt or receipts for the said
consideration-money by any and what person or persons, and
is your name set or subscribed as such witness to such,
sealing and ddivering arid to such receipt respectively of
your own hand-writing, and is or are the name ot names
of the other subscribing witness or witnesses attesting the
sealing and delivering of the said exhibit or exhibits or either
and which of them or the receipt or receipts of the said
consideration-money of the proper hand-writing of such re-
spective witnesses or either and which of them, and set
forth how and by what means you are acquainted with the
character or manner of hand-writing of the said other
witnesses to the said exhibits or either and which of them,
and did they or either and which of them sign and attest
the execution of the said exhibit or exhibits arid either and
which of them by any and what person or persons and the
indorsement on the back thereof by any and what person
or persons in your presence ? Declare &c.

Look upon the deeds or parchment-writings now pro-
duced &c. ; Whether or no were or was the said produced
writings or either and which of them at any time and when
signed sealed and delivered or in any and what manner exe-
cuted by any persons or person and whom in your pre-
sence, and is your name set and subscribed as a witness
thereto of your proper hand-writing? Look upon the writ-
ing indorsed upon the back of the said deed or parchment
writing marked (B) and purporting to be a receipt for the

EXIIIDITS.

Gciieruliiitorogatory
to prove tilt cxecutioit
of one or more deeds
In/ the subscribing
witnesses, and the sig-
natures to the re-
ceipts indorsed.

[ Where the instruclioiis
furnished ,ure not suffici'
entlij accuratc.~\

Td prove the execn-
fiofi of deeds, and the
sigudture to a receipt
indorsed on the back
of one of them.

206

INTERROGATORIES.

EXHIBITS.

sum of £ ; Whether or no was such writing so indorsed

at any time and when signed by any person and whom in
your presence, and is your name set and subscribed as a
M'itness thereto of your proper hand-wi'iting ? Set forth &c.

To -prove as an ex-
Mbit a lease which
had been tendered to
the defendant; also
to prove applications
made to him to accept
the lease and execute
a counterpart, and
the reasons of his re-
fusal.

[See the first interroga-
tory in p. 203, anlea.~\

* Look at the parchment-writing now produced and shown
to you at this the time of your examination marked with
the letter (C), purporting to be a lease from the said com-
plainant A. W. to the said defendant, and bearing date

? Did you or not at any and what time and by whose

order or direction tender the said lease and the counterpart
in the preceding interrogatory mentioned or either and
which of them to the said defendant, and did you or not
at any and what time and by whose order and direction re-
quest the said defendant to accept the said lease and execute
the said counterpart, and did or did not the said defendant
refuse to comply with such requests or either and which of
them and for what reason as you know or for any and what
reason believe ? Declare &c.

To prove certain let-
ters as having been
written by the nitness,
and the receipt of the
sums therein men-
tioned.

To prove a letter
uritten by the soli-
citor of the defendants
to the plaintiff's soli-
citor.

Look upon the paper-writings now produced &c. Whether
or no were or was such produced writings or either and
which of them or any and what part thereof, or the name

H P appearing to be set and subscribed thereto of

your proper hand-writing? And whether or no did you
duly receive the several sums therein respectively mentioned
or any and which of them according to the purport and
effect of the said paper-writings or either of them ? De-
clare &c.

Look upon the paper-writing now produced and shown
to you at this the time of your examination marked with
the letter (A) ; Of whose hand-writing is the said paper-
writing and the name R. R. set and subscribed thereto, and
the superscription or direction thereof as you know or for
any and what reason believe ? Who acted as the solicitor or
solicitors of the said complainant with respect to the pur-
chases in the said bill of complaint mentioned ? And whe-
ther or no did the said R. R. in any and what manner act
with respect to the said purchases on the part and behalf
of any and which of the said defeydants ? Declare &c.

INTERROGATORIES.

207

Look upon the letter or paper-writing now produced &c. ;
Whether or no is the said produced letter or paper and the
signature thereto and the direction thereof or either and
which of them of your proper hand-writing or of the proper
hand-writing of any person and whom employed by you, or
was such letter or paper-writing written by any person and
whom by your direction and instruction or with your appro-
bation or privity, and what was your motive or inducement
for such letter or paper-writing being written and sent by
you or by your direction or instruction or with your privity
or approbation, and did not such motive or inducement
equally apply to the said defendant T. B., and if not why ?
Declate &e.

EXHIBITS.

To jii'ove a litter as
beiny in the ti itucss's
ou?i hand-writing, or
as having beenwritten
or sent by his direc-
tion, and the motive
or indncetnent for
writing it.

* Are you or not by any and what means acquainted with
the character or hand-writing of L. N. in the pleadings in
this cause named? Look upon the paper-writing or letter
now produced and shown to you at this the time of your
examination marked with the letter (A), and purporting to
be a letter written by L. N., and bearing date the olst day
of October 1789 ; In whose character or hand-writing is the
said letter written, and in whose character or' hand-writing is
the name L. N. signed or subscribed thereto, and when and
upon what occasion was the said letter written ? Is or is not
Mr. J. to whom the said letter purports to be directed the
said defendant J. J. ? Whether or not did the said J. J. ever
receive the said letter? Whether or not did you know or
were you by any and what means acquainted with the said
L. N. ? If yea, How long did you know him, and whether
or not was he the steward or agent of Sir T. B. in the
pleadings in this cause named ? Whether or not do you know
the reason why or what it was that induced the said L. N.
to write the said letter ? If yea, Wliether or not was the
said letter written on account of or in consequence of any
applications made to the said Sir T. B. or to the said L.N.
respecting the purchase of the coals in the said letter men-
tioned ? If yea. Set forth when and by whom such appli-
cations were made and the purport and effect thereof, and
all the particulars relating thei'eto ; set forth the situation of
the lands under which the coals lay which were the subject
of such applications ? What do you understand to have been
the meaning of the words " Cold harbour &c. at Wibsey"
in the said letter contained ? Do you know or can you set

To prove a letter as
an exhibit ;

the hand-writing and
signature and the oc-
casion of its being
written ;

that it ivas written to
one of the defendants,

that he received the
same,

A ho to prove hmv lo7ig
witness was acqvaint-
ed with the person
ivho ivrote the letter j

that he teas steicard
to Sir T. B. ;

the reason which in-
duced him to write
the letter ;

that it was in conse-
quence of applications
to purchase certain
coal lands, and by
whom made ;

The meaning of a par-
ticular expression in
the letter ;

200

INTERROGATORIES.

EXHIBITS.

and whether ariTJ mect-
intj took place respect-
iiiy the purchase of
the coals, and what
2)asiitd thereat.

forth whether or not the said defendant J. J. or the said
J. H. the elder after the said 31st of October 1789 had any
interview or meeting with the said SirT. B. or with the said
L. N. for the purpose of treating respecting the purchase
of the coals in the said letter mentioned ? If yea, Set forth
when and where anil upon what occasion such meeting took
place, and set forth to the best of your remembrance and
belief the cohversatiori that passed at such meetihg, and
who v/as present thereat.

To prove two letters
as exhibits, and the
hand-writing , signa-
turqs, a7id .wperscrip-
tions, and to whom
addressed, and his
situation in life ;

also to prove the
hand-writing of an
indorsement on the
back of one of them,
and whether the ex-
hibits are the original
letters or copies or
extracts therefrom.

* Look upon the exhibits now produced and shown to yoju
at this the time of your examination marked respectively

with the letters , and purporting to be letters addressed

by you to some person and whom by name, and dated re-
spectively 18ch March 1811 and the 19th day of April in the
same year; In whose hand-writing are the said two exhibits
respectively and especially the signature and superscription,
and to whom by name were the same respectively addressed
and sent and by what means, and what was the situation or
employment of the person to whom the said respective letters
were so directed and sent, and by what means are you enabled
to state that the same respectively were addressed and
written to such persons ; and in whose hand-writing is the
indorsement on the back of the said exhibit dated the 19tli
of April 1811, and by what means are you enabled to state
the same ? And w hether or no are or is the said exhibits re-
spectively or either and which of them the original letters
or letter addressed and sent by you as in the former part of
this interrogatory mentioned or a copy or copies thereof or
extract or extracts therefrom, and how do you know and
are you enabled to state the same ? Declare the truth
together with your means of knowing and reasons for be-
lieving the same.

To prove as an ex-
hibit the mandate of
indnction under the
Bishop^ s seal.
[Et vide poatea, p. 220.]

Look upon the paper or parchment-writing now pro-
duced &c. Whether or no is the seal appendant thereto the
proper seal of the Bishop of , or is the name set and sub-
scribed thereto the proper hand-writing of the said Bishop,
and was the same so set and subscribed in your presence,
and is your name set and subscribed as a witness thereto

INTERROGATOHIES.

209

of your proper hand-writing ? And of whose hand-writing
is the indorsement on the back of the said writing, and was
the same written in your presence, and is your name sub-
scribed as a witness thereto of your proper hand-writing ?
Whether or no was the said complainant at any time and
when and by Avhom inducted into the possession of the
parish church of &c. in your presence and in the presence
of any other person or persons and whom under and by
virtue of such mandate? Declare See.

EXHIBITS.

Also to prove the
hand-uritiiig of the
indorsement thereon ;

A nd whether the
plaintiff' uasdvli/ in-
ducted, and when and
in lohose presence.

Look upon the paper-writing now produced and shown to
you at this the time of your examination marked with the
letter (B) ; Of whose hand-writing is the said paper-writing
and the signature thereto and the superscription thereof?
Whether or no was the said paper-writing sent to the said
complainant or any person and whom on his behalf at any
time and when by you or by your direction ? And whether
or no were you employed as the solicitor or attorney of the
said defendants R. R. and C. his wife and R.W. or any or
either and which of them in the matter of the purchases
made by the said complainant and in the said bill men-
tioned? Declare &:c.

Whether or no did you at any time in or about the year
-, and on or about what day or days in particular de-

liver to the said complainants respectively or either and which
of them and where, any and what writing purporting to be
a notice from the defendant of her desire that the defendant
should not be disturbed in the possession of any and what
house, or to any such or the like effect ? Was or not the name
of the defendant subscribed thereto or to either and which
of them? Were both such notices or writings in the same
words and figures or in any and what respect different from
each other ? Did you or not keep a copy of each or either
and which of such notices or writings which if any were or
was so delivered? Look upon the paper-wiiting now pro-
duced and shown to you at this the time of your examina-
tion marked with the letter (B); Is the same or not a true
copy of each or either and which of the notices or writings
which if any were or was so delivered ? Did you or not
ever examine and compare the said produced writing with
the notices or writings so delivered or with either and which
of them? Declare &c.

Vol. II. o

To prove a notice
sent to the pla/ntiff"s
solicitor by the so-
licitor for the defend-
ants, and the hand-
writinr/ , signature,
and address.

To prove service of
notices vpon the plain-
tiff's, hy whom signed,
and the contents there-
oj ; also to prove as an.
exhibit a copy mace
by witness of the nc-
itces.

210

INTERROGATORIES.

EXHIBITS.

To prove a printed
particular of sale us
the one hy ichich pre-
7nises icere sold hij
auction.

* Look at the exliibit now produced and shown to you
at this the time of your examination marked (A); Is or not
the same the particular wliich was produced by the vendor
or the agents of the vendor at the time of the sale of the
premises in the pleadings of this cause mentioned 1 And is
or not the said exhibit the particular by which the said
premises were sold, and was or not the said exhibit read to
the company present at the said sale, and was or not the
same declared to the said company to be the particulars
and conditions of sale? Declare &c.

To prove a promis-
sory note.

Look upon the paper-writing now produced &c. and pur-
porting to be a promissory note for £ from A. B. de-
ceased in the pleadings of this cause named to the said
complainants, and bearing date the day of ; Whe-
ther or no did you ever see the said A. B. write, or are
you by any other and v.hat means acquainted with the cha-
racter and manner of his hand-writing ; And whether or no
is the name A. B. appearing to be set and subscribed to
the said produced paper-writing of the proper hand-writing
of the said A. B. as you for any and what reason know or
believe ? Declare &c.

To prove receipts by
persons arquairdcd
with the hand-ioriting
of the party signing
the smite.

* Look at the exhibits now produced and shown to you
at this the time of your examination marked respectively
A. B. C, and look at the names respectively signed to such
exhibits ; Do you know the parties whose names respectively
appear to be set or subscribed to the said respective ex-
hibits, and are you by any and what means acquainted with
the character or manner of hand-writing of either and which
of them respectively? If yea, Of whose hand-writing is or are
such exhibit or exhibits, and in particular of whose respec-
tive hand-writing is or are the respective names set or sub-
scribed to such respective exhibits? Set forth the reasons
on which you form your belief; Declare &c.

INTERROGATORIES.

211

Look upon &c. Whether or no were or was any and
what receipts or receipt indorsed thereon or on any or
either and which of them at or about any and what times
or time by any and what persons or person in your pre-
sence ? Are you or not a subscribing witness to the signing
of all or any or either and which of such receipts by all or
any or either and which of such persons, and of whose
hand-writing is your name now appearing to be set or
subscribed as a witness to all or any and which of such
receipts? Declare &c.

EXHIBITS.

To prove receipts in-
dorsed on deeds hy the
suhscribiny witness.

Look upon the paper or parchment-writing now produced
and shown to you at this the time of your examination

marked with the letter (A) and consisting of sheets or

skins ; Whether or no was the said produced writing at any
time and when signed sealed published and declared by

W. H. late of the testator in the pleadings in this

cause named, as and for his last will and testament in your
presence and in the presence of any other person or per-
sons and whom by name ; or did the said testator in any
other and what manner execute the said produced writing,
or acknowledge the same as and for his last v.ill and tes-
tament in your presence and in the presence of any other
person and persons and v»hom ? Whether or no is your
name and the name or names of the other person or persons
set or subscribed as a witness or witnesses thereto, of your
his or their proper hand-writing respectively ? And whether
or no did you and such other person or persons or either
and which of you set or subscribe your name or names as
a witness or witnesses thereto in the presence of the said
testator? And whether or no is or are such subscribing
witness or witnesses now living or dead? And if any or
cither of them are or is dead, Vv^here and when did such
witness or witnesses die as you for any and what reason
know or believe, and if any or either of them are living,
where do they respectively or where doth he reside? Whe-
ther or no was the said testator at the time of his signing
sealing publishing and declaring the said produced writing
as and for his last will and testament, or otherwise executing
or acknowledging the same, of sound and disposing mind

o2

To prove a will hy the
attesting witnesses.

212

INTERROGATORIES.

EXHIBITS.

To -prove a will and
codicil where one of
the subscribing wit-
nesses is dead.

memory and understanding, or how otherwise, as you for
any and what reason know or beheve ? Set forth &c.

[Or t/ius:]

* Look upon the paper-writing now produced and shown
to you at this the time of your examination mai'ked with
the letter ( A ) ; Did or not the said testator J. M. deceased
sign seal publish and declare the said paper-writing as and
for his last will and testament in the presence of you and
of any other and what person or persons, or are you or not
a subscribing witness to such the signing and publishing or
execution of the said will by the said testator J. M., and
are or not the several names set or subscribed as witnesses
to the signing and publication or execution of the said will
by the said testator J. M. of the proper hand-writing of
you and of such other person or persons whose names ap-
pear to be subscribed, and did or not you and such other
person or persons respectively subscribe and set your and
their names as witnesses to the signing and publication or
execution of the said will by the said testator J. M. in the
presence of the said J. M. and of each other, or how other-
wise, and what is now become of such other persons, and
where do they respectively now live and reside, or are or is
any or either and which of such persons now dead? And if
yea, When and where did they or he die? And was or not the
said testator J. M. at the time of signing and publishing or
executing his said will of sound and disposing mind me-
moiy and understanding, as you know or do for any and
what reason believe ? Declare 8cc.

* Look upon the writings now produced to you, and
marked with the letters (A) and ( B ) and purporting to be
the last will and testament of J. P. in the 2d interrogatory
named, and a codicil thereto ? Did you at any time and
when see the said J. P. sign seal publish and declare the
said produced writings or either and which of them as and
for her last will and testament and a codicil thereto, and is the
name J. P. set and subscribed to the said produced writings
respectively, or either and which of them, of the proper
hand-writing of the said J. P. ? Were you and was or were
any and what person or persons besides yourself present at
the time when such produced writings or either and which
of them were cr was so signed sealed published and de-

INTERROGATORIES.

213

dared, and did such persons or person or any and which
ef them see the said J. P. sign seal pubhsh and declare
the said produced writings or either and which of them,
and did you and any other and which of such persons or
person set or subscribe your their his or her name or names
to such produced writings respectively or either and which
of them as a witness or witnesses thereto, or to either and
which of them, and was or were such name or names, or
any and which of them so subscribed in the presence of
the said J. P. or not ? Is or are your name or names or
the name or names of any other and what person or per-
sons appearing to be set or subscribed to such writings re-
spectively or to either and which of them as a witness or
witnesses thereto or to either and which of them, of your
hand-writing or of the hand-writing of such person or per-
sons respectively, or of any and which of them, and did
you see such person or persons or any and which of them
set and subscribe such produced writings or either and
which of them ? Is or are such person or persons or any
and which of them dead ? And if yea. When did they re-
spectively or any and which of them, die? Was the said
J. P. at the time she signed sealed published and declared
such produced writings or either and which of them of
sound mind memory and understanding ? Declare &c.

Whether or no were you acquainted with the manner of
living of the said A. B. ? And if yea. At what sum upon
the average do you compute the annual expenses of himself
and his family to have been, other and besides his travelling
expenses, and whether or no had the said A. B. any child
who did not live in his family and in what situation was such
child, and have you ever heard the said A. B. make any
and what declaration or declarations as to what such child
annually cost him, and do you know the manner in which
the said A. B. usually travelled in the journies in which he
was employed as treasury messenger and at what expense ?
Declare &c.

To prove the average
annual expenses of the
family of a person de-
ceased, v'ho was in his
life-time employed as
a treasury messenger,
and as to declarations
made by him as to what
one child, not resident
in his jam ily , annually
cost him, also to prove
the manner in ivhich
he usually travelled,
and at ivhat expense.

Whether or no had the said A. B. as you for any and To prove whether a

what reason know or believe, any and what moans of pro- ;»''•'""* ''«/' »'/'<;''■

, • i: r i.1 i- 1 • ic I I ■ r 1 I /• means of providuin

vitlnig tor tlic expenses oi hmiseh and liis ianiiiy and lor ' ^ "^

214 INTERROGATORIES.

for his family besides tlie expense of journies, other than from the monies which

tchat he received as a he from time to time received from the said F. G. ? De-

treasury messenger. clare &rc.

To prove the state of ^Vhether or no did you know M. S. formerly of &c. and
a family in. proving a ^nen or about what time did the said M.S. die? And
■^ " ' whether or no did you know W. C. formerly of &c. and

S. C. his wife, and was the said S. C. in any manner and how
related to the said M. S., and when or about what time and
where did she die, and what children had the said S. C,
and what children survived her, and if any child or children
of the said S. C. died in her life-time, did such child or
children have any child or children, and what is become
thereof? And whether or no did you know J. C. of &c.
the son of the said S. C, and S. C. the younger and E; C.
the daughters of the said S. C, and did the said S. C. ever
and when marry, and when and where did he die, and whe-
ther testate or intestate, and had he or did he leave any
child or children? And if yea. What is become thereof ?
And did the said S. C. the daughter of the said S. C. ever
and when marry and to whom and when and where did she
die, and what children had she or did she leave .^ And
, whether or no did you know\V. C. and T. C. sons of the

said S. C. the younger, and what became of the said W. C,
and did he ever and v.hen marry as you know or believe,
and did the said T. C. ever and wlien marry, and where
and when or about what time did he die and whether testate
or intestate, and had he or did he leave any child or chil-
dren ? And if yea, What is become thereof? And did
the said E C. the daughter of the said S. C. the elder ever
and vvlien marry and to v/hom, and when or about what
time did she die, and had slie or did she leave any child or
children? And if yea, \Vhat is become thereof? Whether
or no did you knov/ the fatlier of the said W. C. of &c. the
husband of the said S. C. the eldei', and wl^iat was his name
and where did he live, and when or about v.hat time and
where did he die, and what child or children had he besides
the saidW. C, and who was his eldest son and who was
his second son, and did h.is eldest son in case the said W. C.
was not his eldest, or if the saidW. C. was his eldest did
his second son at any time and when and where marry, and
when and where did he die, and had he or did he leave any
and what child or children ? And whether or no is the said

INTERROGATORIES.

215

complainant his eldest son or who else is such eldest son ?
Set forth the particulars at large, according to the best of
your knowledge remembrance and belief, and the truth
declare.

* Whether or no were any changes made in the out-fences
of the two farms in the pleadings mentioned to have been
occupied by James K. and John K. respectively at any time
within your memory, and how long have you known the
said farms respectively, and especially were any changes
made in the out-fences thereof in or about or prior to the
year 1773 or at some and what other time in particular?
And whether or no w ere you and during what period of
time in particular in the habit of attending at the collection
of payment of rents to Sir T. B. in the pleadings named
or to his agent, at the place and on the days of the col-
lection and payment thereof, and did you attend at any and
what dinner and by and to w^hom given on such days?
And if yea. Whether or no during such period as you at-
tended thereat, and especially before the year 1773 and for
some and what time prior thereto did one person attend
to pay rent and attend at the said dinner as the sole tenant
or occupier of the said two farms, or did two persons so
attend as several and distinct occupiers the one of the one
farm and the other of the other of the said two farms, and
whether or no was the rent for the said farms paid as two
separate rents paid by two tenants, or as one gross rent
paid by one ? And whether or no as you do for any and
what reason knov»^ or believe were the said two farms prior
and how long prior to the said year 1773 assessed for and
did pay government taxes and parish rates as two separate
and distinct farms or as one joint and undivided farm?
And whether or no in the year 1789 and how long pre-
viously thereto were the said two farms commonly known
and reputed in the neighbourhood thereof to be one joint
farm and held by one tenant or two separate and distinct
farms held by two tenants, and for what reason were the
same so reputed, and state the various occupiers of the
said two farms and under whom they have respectively
occupied, and the names and descriptions whereby tlie said
two farms have been known since you have known the same ?
Declare the truth and your utmost knowledge remembrance
and belief herein.

To prove when alter-
ation was made in
the ovt-feuces of two
farms,

whether rent was paid
as for two farms or
as one farm, and
whether one person
attended at the rent-
receipt day, and at
the dinner given to
the tenants as sole
tenant of the two
farms, or ivhcther two
persons attended us
tenants ;

also to prove whether,
previously to the year
1773, taxes and rates
were assessed as for
two farms or as one
farm ;

and whether the farms
ivcre reputed to be one
farm or two farms.

21G

INTERROGATORIES.

To prove the practice
of the Duchy Court of
Lancaster as to the
mode qf proceeding
to be adopted to bar
the oprratiou of a
Jinc oj lands therein.

* Are you by any and what means acquainted with the
Duchy Court in the county palatine of Lancaster in levying
lines of lands therein and of the proceedings to be adopted
by persons coming in upon the usual proclamations and
making claim to lands for the purjoose of barring the ope-
ration of fines sought to be levied in the said court ? If
yea, Set forth what is the practice and mode of proceeding
necessary to be pursued by any person coming in upon any
of the proclamations made upon levying a fine in the said
court and making a claim for the purpose of barring the
operation thereof; and in particular is it the practice of the
said court for the person coming in and making such claim
first to substantiate his title to make such claim by exhibit-
ing filing or inrolling any and what document showing his
pedigree or right to enter such claim ? If yea, Set forth
the practice of the said court relative to the matters in-
quired after by this interrogatory, and when such practice
commenced, and how and in what manner you becamo
acquainted therewith ; Declare &c.

To prove
and dclive
jtlnintiff's
Jendant.

(joods sold
•red Inj the
to the de-

Do you know of any goods having been at any time pre-^

viously to the month of sold or delivered by the said

complainant H. H. or by the said complainant J. A. to the
said defendant R. P. ? If yea. Set forth what goods were
so sold and delivered by the said complainants H. H. and
J. A. or either and which of them to the said R. P., and
what was the value thereof, and at what time or times in
particular the same were delivered to the said R. P. and
how and by what means in particular you are acquainted
with the several matters aforesaid : Declare &c.

To prove the hand- * Look on the several books or exhibits now produced

vnitinf/ of entries and shown to you at this the time of your examination,

v,ade in books, nhe- ^^^^^^^ respectively with the letters

t/ier trie same arc cor- "^ -^

; Are you or not

1-ect or not and if ^^^^ ^^y ^"Y ^^^ what means acquainted with the character
incorrect to prove iit or manner of hand-writing of the person or persons who
what respects they are niade the several entries in the said books or any and which
of them '1 If yea, Of whose hand-writing are such entries
or any and which of them, and who made such entries or

so.

INTERROGATORIES.

217

occasioned such entries to be made as you know or for any
and what reason beUeve ? Are the entries and accounts
therein contained just and right as you know or for any
and what reason beheve ? If not, What error or errors
are therein contained ? Set forth the same error or errors,
if any, fully and distinctly ? Declare &c.

* Look upon the book now produced and shown to you
at this the time of your examination marked with the letter

(A), and on the entry or entries made therein in folio ;

Are you acquainted with the character or manner of hand-
writing of the person or persons who made such entry or
entries, or any or either and which of them, and did you
see such pei-son or persons or either and which of them
write ? If yea. Of whose hand- writing is or are such entry
or entries or either and which of them or any and what
part thereof as you know or believe, and is or are such
person or persons living or dead that made such entry or
entries or any and what part thereof, and on what occasion
or by whose direction was or were the same or any and
what part thereof made as you know or believe ? De-
clare &c.

To "prove the hand-
writing of entries
made in a book, and
whether the persons
ivho made such en-
tries are living or
dead, and by whose
direction the same
were made.

* Did you know A. B. in the pleadings of this cause
named, and for any and what length of time ? If yea. Do
you or not know whether he was ever married, and had he
or not any child or children by his wife, and what was or
were the name or names of such child or children, and
which of such children was the eldest son, and is such
eldest son now living ? Declare &c.

* Did you know E. M. in the pleadings of this cause
named, and for any and what length of time ? If yea, Do
you or not know whether he was ever married, and if not,
had he any brothers and what were tlieir names and the
order of their births, and which of them have survived
him, and which of them was his eldest brother t De-
clare &c.

To prove the eldest
sou of a deceased per-
S071 as being his heir
at law.

To prove the brother
oj a deceased person,
us being his heir at
law.

* Did you or not know J. E. the testator in the pleadings 7'^ prove the nephew
of this cause named ? If yea, Do you or not know whether of a deceased person,

the said J. E. was ever married, or whether he had any f '"''"^f '"•* '"'''' "'

In IV.

218

I iN TER ROG ATORI ES.

legitimate child or children, or whether such child or chil-
dren survived him or died in his life-time, and whether such
child or children left any and what issue, and whether such
issue is or are now living; and do you or not know whether
the said testator J. E. had any brothers and sisters, and
what were their names, or whether they or eithef of them
survived him, and whether either and which of such bro-
thers and sisters had any child or children, and what were
their names, and which was the eldest son of the eldest
brother of the said testator, and do you or not know who
is the heir at law of the said testator ? And if yea. In what
degree of kindred is he to the said testator, and how does
he appear to be his heir at law ?

To prove that the Icrd
(if a manor assented
to the inclosure of the
common lands, on the
proposal of the land-
owners within the
township.

Whether or no do you know who is tlie lord of the manor
of S. in the county of C. in the pleadings in this cause
mentionedj and whether or no has the said lord or any
person and whom on his part in any and what manner as-
sented to the inclosure of the common lands in the said
township of S. and when and to whom and upon what
terms and upon whose application or applications, and whe-
ther or no in consequence of any and what agreement or
l)ropo-al on the part of the inhabitants or land-owners
v/ithin the said township, and whether or no is the lord of
the said manor still assenting to such inclosure, and whether
or no is such inclosure likely to take effect, and how soon?
Set forth 8cc.

To prove that the
inhabitants or lund-
vivners ivithin a town-
ship had agreed to the
inclosnre of the com-
mon la?ids, and when
the inclosure is likclij
to take effect.

Whether or no have the inhabitants or land-owners
within the said township of S. or any and w^liich of them in
any and what manner assented or agreed to the inclosure of
the common lands within the said township, or made any
and what proposals to any person or persons and whom in
respect of such inclosure, or taken any and v.hat steps with
a view to such inclosure, and at wliat time or times respec-
tively, and whether or no are the said inhabitants or land-
owners still assenting to the inclosure of the said common
lauds, or Jiow otherwise, and whether or no is such in-
closure likely to take eflcct, and how soon ? Set forth &c.

INTERROGATORIES.

219

Whether or no hath any surveyor or other person been
at any time and when employed at the charge of the in-
habitants or land-owners w^ithin the said township or any
and which of them, or any other person and whom, to
survey the common lands within the said township, with a
view to the inclosure thereof? Set forth &c.

Whether or no has any general or other and what meet-
ing been held, and when, of the inhabitants and land-owners
of the said township of S. and of the inhabitants or land-
ovt^ers of any and what adjoining township or townships
for the purpose of fixing the limits of the common lands
of each township or for any other and what purpose, with
a view to an intended inclosure of the common lands of
the said township of S. ? Set forth &;c.

Whether or no do you know or can you by any and
what means form any opinion as to the quantity or quality of
the inclosed and common lands within the said township of
S. ? If yea, What is the quantity of all the inclosed lands
within the said township, and what is the quantity of the
lands within the said township belonging to the said com-
plainant in the pleadings of this cause mentioned, and what
is the relative quality of the said inclosed lands within the
said township, and what is the quantity of all the common
lands within the said township, and what do you estimate
would be the fair proportionable quantity of the said com-
mons and fields which in the case of an inclosure would be
allotted to the said complainant in respect of his inclosed
lands aforesaid, computing the proportion of the said com-
mon lands to be allotted to the lord as one-twelfth? Set
forth &c.

To prove that a sur-
veyor has been em-
ployed to survey the.
common lands within
a tounship.

To prove that a meet-
iny has been held of
the iuhubitants of a
township, and also of
an adjoining town-
ship, for the purpose
of fixiny the limits
of the common lands,
previously to an in-
closure.

To prove the probable
quantity of common
land tvhich would be
allotted to the plain-
tiff with reference to
the quantity to be al-
lotted to the lord of
the manor.

Whether or no did the said T.B. and J. E. or either and
which of them, or any other person and who on their or
either and which of their part and behalf, at any time and
when after the date of the aforesaid letter or paper-writing
call at your office or see you elsewhere and where and in-
form you or any other person and whom on your part and
behalf that they or either and which of them had em-
ployed or meant to employ Mr. J. or any other person than
yourself as their solicitor in the said cause, and when and

TV) prove that the de-
fendants informed the
witness, their solicitor,
of their intention to
employ another soli-
citor, and ivhen it first
came to his know-
ledyc.

220

INTERROGATORIES.

To prove whether
nit7ic!>s informed his
clients, two of the de-
fendants in a cause,
that he should in-
struct counsel to ap-
pear for them nt the
hearing, what instruc-
tions he received from
them, and tchether he
did in fact deliver
briefs to counsel other
than the briefs deli-
vered for other defen-
dants, and when he
Jirst knew that ano-
ther solicitor had pre-
pared briefs for coun-
sel.

by what means did you fir^t know or had reason to believe
and suspect that the said defendants or either and which of
them had or meant to employ the said Mr. J. or any other
person than yourself as their solicitor in the said cause?
Declare &c.

Whether or no did you at any time and when before the
said cause came on to be heard inform the said defendants
T. B. and J. E. or either and which of them that you
should instruct counsel to appear for them at the hearing, or
did you at any time and when receive any instructions from
the said defendants or either and which of them so to do,
or did you in fact give any briefs or instructions to counsel
to appear for the said defendants or either and which of
them other than the briefs delivered by you for the other
defendants, and did you not previously to such hearing and
when first know that the said ]\Ir. J. as the solicitor for
the said defendants T. B. and J. E. had taken copies of the
depositions and had prepared or meant to prepare briefs
for the instruction of counsel at the hearing on the part
of the said defendants or one and which of them ? De-
clare &c.

To prove the institu-
tion and induction cf
the plaintiff into a
vicarage.

To prove the letters
of institution hij the
Bishop^s officer.

[See the 2d intervngutorij
in p. '.'08, anlta }

Was or not the said complainant at or about any and
what time admitted instituted and inducted into the said
vicarage of C. with the said chapehy of N. L. annexed or
how otherwise ? If yea, Hath he or not been during all
or any and what part of the time since vicar of the said
parish and chapelry, and hath he or not during all or any
and what part of such time acted or officiated as vicar of
the said parish or chapelry ? Declare &:c.

Look upon the paper or parchment-writing now produced
and shown to you or by you at this the time &c. ; Whether
or no is the seal appendant thereto the proper seal of the
Bishop of , and did the said complainant receive in-
stitution according to the effect thereof at any time and
when and from whom ? Declare &c.

Interrogatories,

221

Whether or no did you knowW. G. late of but now

deceased, the testator in the pleadings of this cause named,
for any and how long a time previously to his death, and
did you know S. J. the nephew of the said testator, and in
what profession or situation of life was the said S. J. ? Did
the said S. J. ever and when serve on board his Majesty's
ship U. and in what character and what has become of the
said S. J. as you know or for any and what reason believe ?
Declare &c.

Look upon the paper-writing now produced and shown
to you at this the time of your examination marked with the
letter ( A ) ; Whether or no did you at any time and when
compare the same with any entry in any and what book kept
at his Majesty's Navy Office, and whether or no is the same
a true copy of such entry ? Declare &c.

To prove a knoioledgc
oj a person who en-
tered the navy, and in
what character, and
7chat has become of
him ;

also to prove a copy
of an entry in a book
kept at the navy of-
fice.

* How many years as you do for any and what reason
know or believe prior to the year 1780 was the said L.N.
land-agent to the said Sir T^ B. or to the owners and pro-
prietors of the said W. estate, and whether or no as you
do for any and what reason know or believe prior to the
year 1780 was the said L.N. land-agent to the said Sir
T. B. or to the owners or proprietors of the said W. estate,
and whether or no as you do for any and what reason know
or believe was the said L. N. during the whole or any and
what part of such period accustomed to keep such diary or
account as is contained in the exhibit which has been shown
to you or any and what diary or account of his agency or
of the matters relating thereto, and up to what period of
time in particular did he keep such diary or account of his
agency, and why did he then cease or discontinue keeping
the same, and whether or no did he ever afterwards keep
any and what diary or account of his said agency or the
matters relating thereto, and if not why not? Declare
the truth and your utmost knowledge remembrance and
belief herein.

To prove for how
many years a person
was employed as land
agent to the proprie-
tors of an estate {con-
taining coal mines) ;
also to prove that he
kept a diary or ac-
count of his agency,
and when he discon-
tinued keeping the
same.

222

INTERROGATORIES.

To prove the resi-
dence of a prrsnii in
England, and in w/iat
lant/vage he corres-
ponded or conversed ;

also to prove a laiorv-
ledge of his hand-
writing,

and in what icorhs
he 7vas engaged, and
vhere he carried on
the same.

* When and upon what occasion did the said S. D. come
to live and reside in England and for how long time did he
live or i-eside there ? In what language did the said S. D.
always or generally write or correspond and converse during
the time of his residence in England, and was he or was
he not conversant in the English language ? Are you or are
you not well or in any and what degree acquainted with the
character and manner of hand-writing of the said S.D.,
and have you or have you not frequently or at any times
and how often seen him write in any and what language or
languages and character ? Did or did not the said S. D.
when he was resident in England manage or carry on or
employ himself in or ahout any work or works ? If yea.
Of what nature sort or kind was or were such work or
works, and when and for how long time and at or in what
house or houses or place or places was or were the same so
managed or carried on ? Declare &c.

To prove the loans of
sutns of money by the
plaintiffs to the de-
fendant.

To prove loans of
svnis of money by the
defendant to a de-
ceased person, and
ultether any part
was repaid.

Do you know of any money having been at any time

previously to the month of lent or advanced by the

said complainant K. H. or by the said complainant J. S.
to the said defendant R. P. ? If yea, Set forth what sums
of money were so lent and advanced by the said complain-
ants H. H. and J. S. or either and which of them to the
said R. P., and at what time or times in particular the same
and each of them were and was so lent and advanced, and
how and by what means in particular you are acquainted with
the several matters aforesaid ? Declare &c.

* Whether or no did the said defendant C. L. in the
life-time of the said S.D. lend or advance unto the said
S. D. any sum or suras of money ? If yea. What sum or
sums of money and to v.hat amount in the whole did the
said defendant C. L. lend or advance unto the said S. D. in
his life-time, and v.'hen or at or about what time or times
was or were the same so lent or advanced ? And did or not
the said S. D. at any time or times in his life-time and when
repay such sum or sums of money or any or either and
which of them unto the said defendant C. L. or satisfy him
the same ? Declare the truth of the matters inquired after
by this interrogatory according to the best of your know-

INTERROGATORIES.

223

ledge remembrance and belief, togetber with the grounds
reasons or circumstances on which such your belief is
founded, fully and at large.

Whether or no was there on the day of any

and what sum of money due and owing to the above-named

complainants T. B. and B. B. and their partners in the made'by them as ban

R. Bank in respect of monies advanced by the said com- kcrs.

plainants to or for the use or on the account of the said

T. B. and B. B. and their said partners or how otherwise

and what is now due to the said complainants in respect

thereof? Set forth &c.

To prove the amovnt
due to the ^plaintiff's
in respect of advances

* Do you or not know whether the said J. B. deceased
and A. R. also deceased in the pleadings of this cause
named did at any time and when intermarry together or
not ? If yea, Were you present at such marriage ceremony
or not, and by whom and in the presence of what wit-
nesses and at what place and when and on what day in par-
ticular was such marriage solemnized and whether by banns
or license? Declare &;c.

Whether or no was the said J. C. in the preceding in-
terrogatory mentioned or inquired after ever and when
married and to whom, and what was the maiden name of
his wife? Had or not the said J. C. any and what children
or child or issue by his said wife or by any other wife and
whom by name, and particularly had he or not a daughter

called by the name of -, and had he or not any other

children or child and of what names or name ? De-
clare &c.

Whether or no do you know or were you acquainted with
the said A. C. in the preceding interrogatory mentioned or
inquired after for any and how long time and from and to
what time ? Did or not the said A. C. ever and when in-
termarry with M. H. late of &;c. and now deceased, and
when and about what time did the said M. H. die ?
Declare &c.

To prove marriage
ceremony by witnesses
present.

To prove a marriage,
and that the parties
had one daughter.

To "prove a mairiage
and the death of the
wife.

224

INTERROGATORIES.

To prove that witness
has been employed m
viining concerns, and
his knowledge of the
coal mines lying un-
der an estate ;

the dip or inclination
thereof from the ho-
rizon, and the natvre
and course of the
drains or soughs made
for the purpose of
carrying off the teat er
and loosing the coals;

also to prove that the
coals lying under
lands u'ithin a ring-
fence have been loosed,
and are in a condi-
tion to he worked
without the aid of
a steam engine;

also to prove whether
the same were so at
the date of an agree-
ment, and uhen and
/>// whom the coats and

* Whether or not have you ever been employed in
mining concerns or are you acquainted with coal mines and
the manner in which coals are won and got? If yea, Set
forth the nature of your profession or occupation and how
you came to be acquainted with the nature of coal mines
and the method of winning and getting coals ; Whether or
not do you know the R. H. estate in the pleadings in this
cause mentioned and the mines and minerals lying there-
under and the estates in the pleadings in this cause men-
tioned to have been the property of Sir T. B. in the plead-
ings in this cause named deceased or any of them ? If yea,
Set forth how long you have known them and each of them
and how and by what means you became acquainted with
them ; Whether or not are there any coal mines strata of
coal or minerals lying under such estates or any part
thereof? If yea, State what is the dip or inclination of such
coal mines from the horizon ; Whether or not was it neces-
sary for the purpose of winning and getting such coals or
coal mines that the same should be loosed or freed from
water ? Whether or not did Mr. L. in the pleadings in this
cause mentioned drive any drain or make any sough or
soughs for the purpose of loosing the coals and coal mines
lying imder the said R. H. estate ? If yea, Set forth and
describe particularly the nature of such drain or drains
sough or soughs and set forth particularly the direction
and course of such drain or drains sough or soughs from
the tail or opening thereof where the water is discharged
throughout the full extent of the driving of and the
making of the same ; Whether or not are the coals and
coal mines lying under the lands and grounds within the
ring-fence in the pleadings in this cause mentioned now
loosed and in a condition to be worked won and got without
the aid of a steam engine to pump up and discharge the
water therefrom? If yea, Whether or not are such last-
mentioned coals and coal mines so loosed and in a condition
to be won and got by means of the said drain or drains
sough or soughs ? And whether or not is the water drained
or carried away from such last-mentioned coals and coal
mines by means of such drain or drains sough or soughs?
W^hether or not were such last-mentioned coals and coal
mines so loosed and drained at the date of the agreement
with the said Sir T. B. in the pleadings in this cause men-
tioned ? Sot forth when and upon what occasion and by

INTERROGATORIES.

225

^hom such last-mentioned coals and coal mines were loosed
and drained ; Whether or not could the said defendant
J. J., and R. H., J. H. and J. D. in the pleadings in this
cause named or either of them have pi'evented such last-
mentioned coals and coal mines from being loosed or
drained ? If yea, Set forth how and by what means they
could have prevented the same from being loosed or
drained; If such last-mentioned coals and coal mines had
not been loosed or drained by means of a drain or sough,
whether or not would it have been necessary in order to
win and get the same that a steam engine or steam engines
should be erected for such purpose ? If yea, Set forth how
many steam engines would have been necessary for that pur-
pose ; Set forth the original expense or prime cost of such
steam engines or steam engine, and set forth the annual
expenses that Would be incurred in keeping in repair and
in the working of such steam engines or steam engine ;
Suppose the coals lying under the lands occupied by
Jonathan K. in the pleadings in this cause mentioned were
not loosed or drained and could not be loosed or drained
without a steam engine, what in your opinion would be the
present value of such last-mentioned coals and coal mines ?
Suppose the coals lying under the lands occupied by James K.
in the pleadings in this cause mentioned were not loosed or
drained and could not be loosed or drained without a steam
engine, what in your opinion would be the present value of
such last-mentioned coals and coal mines ? Declare &c.

* From what points of the compass do the beds or strata
of coal under the said W. estate or under any and what
part thereof in general rise and sink, and especially from
and to what points do the beds of coal or either and
which of them being underneath such parts of the said
estate as lie to the west of the sough or drain in the last
preceding interrogatory mentioned rise apd sink, and from
and to what points do such of the beds of coal under tlie
said estate as lie to the east of the said sough or drain rise
and sink respectively, and from what distance therefrom
do they rise or sink respectively ? Declare the truth and
your utmost knowledge remembrance and belief herein.

* Whether or no supposing a bed or vein of coal to have
a general inclination downwards from one given point to
another is it common or uncommon to find occasional va-

VOL. II. P

mines were loosed and
drained, and whether
certain defendants
could have prevented
the same and how ;

Also if the mines had
not been drained by
means of a sough,
whether one or more
steam engines would
not have been neces-
sary, and what would
have been the expense
thereof, and of keep-
ing the same in re-
pair, and working the
same.

Also to prove whit
woidd have been the
value of the coals ly-
ing tinder the lands
of different tenants,
supposing the coals
could not have been
loosed or drained %cith-
out a steam engine.

To prove the inclina-
tion from the horizon
of certain beds of coal
lying under different
parts of an estate.

To prove that veins
of coals which incline
downwards, occasion-
a'ly vary in the dip ;

226

INTERROGATORIES.

Olid tinit the coals un-
der the lauds in cpies-
tinji are svbject to
svch variations, and
siipposinr/ a sovgh
driven along the lower
side, how wovid the
coal found in the parts
varying from the ge-
neral inclination be
loosed and icorked.

To prove that the
plaintiffs had smik
pits and erected steam
engines on the lands
of a particular te-
nant at the date of
an agreement,

and re hen the same
irere sunk and erected
and the purpose for
which the steam en-
gines were erected,

and ivhether the de-
fendants or their stew-
ards, agents, or te-
nants were informed
thereof or privy there-
to.

A Iso to prove ivhether
a former sfeicard of
the defendants in-
sjiecfed the estate, and
saw the pits and en-
gines, and that the
same might hove been
seen at a considerable
distance ;

Also to prove that the
present steicard some
years ago inspected
the estate, and that
he could see the pits,
steam eiigines, and
other works.

nations in the dip of such bed or vein between the two points
aforesaid ? And if yea, Whether or no is the coal to be found
under the lands and grounds in the second of these interro-
gatories mentioned or referred to as much or more subject
to such occasional variations than beds or veins of coal to be
found under other lands and grounds in general, and assum-
ing such occasional variations to exist and a sough or drain
driven along that side of the bed which according to the
general inclination would be the lowest side, how would such
parts of the coal as might occasionally vary from such ge-
neral inclination be loosed and worked ? Declare the truth,
together with your means of knowing and reasons for be-
lieving the same.

* Whether or not had the said complainants or those
through whom they claim sunk any pits or pit or made and
erected any steam engines or steam engine or got any coals
or coal in the lands and grounds occupied by the said
Jonathan K. in the pleadings in this cause mentioned at
the date of the agreement therein mentioned ? If yea, Set
forth when such pits or pit steam engines or steam engine
were or was sunk made and erected ; Set forth the purpose
for which such steam engines or steam engine were or was
made or erected ; Whether or not were the said defend-
ants or their or any of their stewards agents or tenants in-
formed of or acquainted with or were they privy to the
sinking making and erecting such pits or pit engines or
engine ? If yea, Set forth when and to whom and by
whom such information was given ; Whether or not was
a Mr. B. the steward or agent of the said defendants or
either of them ? If yea. Did he ever inspect or overlook
the said defendant's estate at W. in the pleadings in this
cause mentioned i If yea, Whether or not did he upon
such inspection see the said pits and engines ? Whether
or not are such pits and engines large objects and easy to
be seen at a considerable distance? Whether or not is a
person of the name of H. the steward or agent of the said
defendant's W. estate ? If yea. Whether or not did the

said H. about eight years ago inspect or overlook

the said estate ? Whether or not did vou then see him,
and if yea, Was he when you saw him in such a situation
that he could see the said pits and steam enginesand other
works in the lands and grounds occupied by the said Jo-
nathan K. ? Declare &:c.

INTERROGATORIES.

227

* Whether or no in grants or leases of coal where there
are two beds or strata of coal whereof the upper bed or
stratum is united to or intermixed with or contiguous to a
bed of iron-stone is it necessary as you do for any and what
reason know or believe to dig and get the upper bed of coal
before the iron-stone can be dug and got and vice versa;
and whether or no is it usual to sell and dispose of such
upper bed or stratum when the iron-stone is not also sold
and disposed of, but if nevertheless the upper bed of coal
should be sold and the iron-stone reserved, whether or no
would any and what provisoes and stipulations be necessary
in order to prevent a grantee in fee or lessee having the
power so to work the said upper bed of coal as to destroy
entirely or to damage greatly and in what manner the said^
iron-stone from delaying to work and dig such bed of coal
so as to lock up and render useless the said iron-stone as
long as he might think fit, and what provisions and stipu-
lations would be pi'oper and necessary for the purposes
aforesaid, namely, 1st. What provisoes and stipulations are
necessary and proper to prevent the lessee or grantee so
working such upper bed of coal as to destroy or greatly
damage the said iron-stone ; and 2dly. What provisoes and
stipulations are proper and necessary to prevent the said
iron-stone from being locked up and rendered useless to the
grantor at the will of the grantee in fee, and whether or no
did you ever hear of a grant or lease of any upper bed or
stratum of coal so united and intermixed or contiguous as
aforesaid with provisoes or stipulations proper for the above
purposes, and by whom and to whom was any such grant
or lease made ? Set forth &c.

To prove the method
of %vorkiiiy coals
tvhere there are tico
strata and one of them
is intermixed with a
bed of ironstone, and
in case of the sale of
the vpper stratum of
coal what stipidations
are usually made to
prevent the grantee
from destrcyiny the
ironstone, or to pre-
vent the ironstone
from being rendered
useless to the grantor
at the will of the
grantee, and what
instances have come
willmi the witness's
knowledge.

[For a form of title, vide antea, p. 149.]
On behalf of the defendants.

1st. [ General interrogatory as to knowledge of the
parties ; vide antea, p. 152. ]

*2d. Are you or not now an inhabitant of or an occupier
of land within the parish of St. D. in the pleadings of this
cause mentioned, or the bounds limits and tithcable places
thereof? Declare &c.

p o

To prove whether wit-
ness is an inhabitant
or occupier of land
within the j)urish.

2-28

INTERROGATORIES.

To prove how long
witness has known the
parish, and how long
he resided therein, and
as to thetitheuhle mat-
ters whieh v:ere (jroicn
or kept by him during
such time.

To prove the modvscs
or custom art/ pay-
ments payable in lieu
of the tithes of hay,
wheat, 4x. ^c.

* 3d. Whether or no are you in any and what manner ac-
quainted with the rectory or parish of St. D. in the plead-
ings in this cause mentioned 1 And if yea, How long have
you been acquainted therewith, and did you or not ever
and when and for what length of time live or inhabit within
the said rectory or parish ; and did you or not in or during
all or any and what part of such time, or at any other and
what time, occupy or hold as owner or tenant any and what
farm or farms garden or gardens orchard or orchards or
other and what lands within the said parish or the titheable
places thereof; and did you or not during all or any and
what part of such time keep within the said parish any cow
or cows which produced you milk or brought forth calves,
or any sow or sows which brought forth pigs; and did you
or not during such time occupy any lands within the said
parish of which you cut the grass and made the same into
hay or upon which you grew wheat oats peas beans rye or
seeds, and did you or not during such time occupy any
garden within the said parish producing wall-fruit, or any
orchard within the said parish, and did you or not during
the time you lived in the said parish depasture any cattle
within the said parish not employed to plough or pail I
Declare See.

* 4th. Whether or not as you know or have been in-
formed or have any and what reason to believe is or are
any and what modus or moduses or customary payment or
payments payable by all or any of the occupiers of lands
within the said parish of St. D. to the rector of the said
parish or his farmer or lessee, for and in lieu and satisfac-
tion of the respective tithes of hay wheat oats peas beans
rye seeds orchard-fruit and garden wall-fruit respectively
renewing and forthcoming within the said parish and the
bounds limits and titheable places thereof, and for and in
lieu and satisfaction of the tithe of the depasturing of any
cattle not employed to plough or pail, kept fed and de-
pastured in any lands within the said parish and the bounds
limits and titheable places thereof, and for and in lieu and
satisfaction of the tithe of milk of cows kept fed and de-
pastured in any lands within the said parish and the bounds
limits and titheable places thereof, and for and in lieu and
satisfciction of the calves of the same cows falling brought
forth and fortlicoming within the said parish and the bounds
limits and titheable places thereof, and for and in lieu and

INTERROGATORIES.

2-29

satisfaction of the tithe of pigs falHng brought forth and
forthcoming from sows kept within I or 'of the tithes of
pigs farrowed within &c.'] the said parish and the bounds
limits and titheable places thereof? And if yea, At what
time or times is or are such modus or moduses payable, and
how long hath or have the same been payable, and how
long and from what period of time past hath or have the
same been paid, and to what time has or have such modus
or moduses been paid as you know or verily believe ; and
whether or not is or are such modus or moduses or cus-
tomary payment or payments payable and paid, and has or
have the same always been payable within and throughout
all the said parish, or how otherwise ; and has or not or
have or not such respective moduses or customary pay-
ments or some or one and which of them from any and
what time past down to some and what time, been accepted
and taken by or on behalf of the rector of the said parish
for the time being or his farmer or lessee for and in lieu
and satisfaction of such respective tithes or some and which
of them ; and have you or not heard any thing and what
from any and what ancient or other persons now deceased
concerning the payment of such respective moduses or
customary payments or either and which of them ? De-
clare &c.

* 5th. Have you ever and when paid or rendered any
and what modus or moduses or customary payment or pay-
ments to the vicar or rector of the said parish or any other
and what person or persons for and in lieu and satisfaction
of any or either and which of the species of tithe or tithes
in the said 4th interrogatory mentioned? If yea, Declare
and set forth respectively what you so paid for the same,
and at what time and to and for whom and for what length
of time you so paid the same respectively ? Declare &c.

* 6th. Whether or not as you know have heard or believe
has or have any tithes in kind of the respective species of
tithes in the 4th interrogatory mentioned or any and which
of them and how often been rendered and paid by any and
what occupiers of land within the said parish to and for the
use of any and what rector of the said parish, or his or
their lessee or lessees or farmer or farmers, or any and what
person or persons on his or their behalf? Declare and set
forth all you know and have heard and believe concerning
the matters inquired after by this uitcrrogatory, with the

also to prove v)het her
such moduses prevail
throughout the parish,

and whether the same
have been accepted by
the rector.

and what ivitness has
heard from deceased
persons.

To prove payment of
the moduses.

To prove ivhefher any
and what tithes in
hind have ever been,
rendered to the rector.

230

To prove that the de-
fendants paid some
of the modnses tip to
a certain period ;

Also to prove a tender
made to the plaintiff
in respect of the other
modnses, and his re-
fusal to accept the
same.

To prove ivhether the
owner or occvpier of
particular lands paid
tithes or a modus to
the rector, and what
witness has heard from
deceased persons re-
specting the lands be-
ing tithe-free.

INTERROGATORIES.

manner in which you heard, and the reasons why you be-
heve the same fully and at large ; Declare &c.

* 7th. Whether or not as you know have the said de-
fendants or either and which of them paid to or for the
use of the said complainant, any and what sum or sums of
money as and for a modus in lieu and satisfaction of tithes
in kind of any and which of the species of tithe in the
4th interrogatory mentioned, and up to any and what period
of time past ? And have or not the said defendants re-
spectively, or any or either and which of them at any and
what time or times respectively tendered to the said com-
plainant or offered to pay him any and what money for or
in respect of such moduses in the 4th interrogatory in-
quired after, or any and which of them ? And if yea, Did
or not the said complainant refuse to accept the same l
Declare &c.

"*8th. Do you or not know whether the owner or oc-
cupier for the time being of ever and when paid any

tithes in kind or any and what modus or customary payment
to the rector of the said parish for the time being or his
lessee for or for any and v/hich of the respective species of
tithe in the 4th interrogatory mentioned, and have you or
not heard any thing and what from any and what ancient
or other persons now deceased concerning the said lands
being or not being titho-free ? Declare &c.

Lastly. [ The concludhig general interrogator y ; vide
antea, p. 153.]

[For a form of iiile, vide antea, p. 149.]
On the behalf of the defendants.

1st. [General interrogator ij as to knoivledge of the

parties; vide antea, p. 15i2. ]
To prove how long '* 2d. Whether or not are you in any and what manner

wihiess has hnown the acquainted with the vicarage or parish of Y. in tlic county
parish, and how long ^^ ^ ^^^ ^i^^ chapelries of L. and C. thereunto belonging,
he resided therein; . , t ■ \^ • ^- j t \ t r u „

m the pleadmgs m this cause mentioned : And it yea, Jblow

long have you been acquainted therewith ; and did you or
not ever and when and for what length of time live or in-
habit within the said vicarage or parish or chapelries or any
or either and which of them; and did you or not in or

INTERROGATORIES.

2;3l

during all or any and what part of such time or at any
other and what time occupy or hold as owner or tenant
any and what farm or farms or lands within the said parish
or the titheable places thereof; and did you or not during
all or any and what part of such time keep any cow or
heifer or cows or heifers within the said parish and chapel-
ries which produced you milk ? And if yea, Are you or
not now an inhabitant of or an occupier of land within the
said parish ? Declare &c.

* 3d. Whether or not as you know or have been in-
formed or have any and what reason to believe, is or are
any and what modus or moduses or customary payment or
payments payable by all or any of the occupiers of lands
within the said parish of Y. and the said chapelries of L.
and C, having or keeping a cow or heifer or cows or
heifers yielding milk to the said vicar of the parish of Y.
or his farmer or lessee, for and in lieu and satisfaction of
the tithe of milk of such cow or heifer or cows or heifers ?
And if yea. At what time or times is or are such modus or
moduses or sum or sums of money payable, and how long
have or hath the same been payable, and how long and
from what period of time past hath or have the same been
paid, and whether or not from time whereof the memory
of man is not to the contrary, and to what time has or have
such modus or moduses been paid as you know or verily
believe? And whether or not is or are such modus or
moduses or customary payment or payments payable and
paid, and has or have the same always been payable and
paid by all the occupiers of land within the said par^ish and
chapelries having such cow and heifer cows and heifers
throughout all the said parish and chapelries or how other-
wise ; And has or not or have or not such modus or mo-
<luses or customary payment or payments been always and
from time whereof the memory of man is not to the con-
trary, or for any and what part of such time dovvn to what
time past, accepted by or on behalf of the vicar of the said
parish for the time being or his farmer or lessee in lieu and
satisfaction of the tithe of milk of such cows- and heifers
respectively ? And hath there or not as you know or be-
lieve been any variation in the time of such modus or mo-
duses or customary payment or payments being paid ? And
if yea, To what as you know or believe was it owing that
such time of payment was so varied? And have you or

aho to prove what
lands he occupied, and
ivhetker he kept coics
or heifers produeiuf/
milk; also whether he
is still an inhabitant
or occupier of land.

To prove a modvs
payable in lieu of
the tithe of milk ;

whether the same is
payable throughout
the parish,

and whether any va-
riation has occurred
in the time of suck
modus beiuy paid.

232

INTERROGATORIES.

To prove a knowledge
of the farms occupied
by the defendants,

that it has been cus-
tomary for the defen-
dants and the former
occupiers thereof to
pay a composition in
lieu of tithes to the
vicar, and hoio the
payment of such com-
position first arose ;

Also to prove ivhcther
the modus for milk
is comprised in such
composition, and also
cny agreement relat-
iny then to,

not heard any thing and what from any and what ancient
or other person now deceased, concerning the payment of
such modus or moduses or customary payment or payments ?
Declare and set forth all you know and have heard and
believe concerning the matters inquired after by this inter-
rogatory, with the manner in which you heard and the
reasons why you believe the same, fully.

* 1th. Whether or not do you know the farm called
C. farm in the pleadings in this cause mentioned to be in
the said parish of Y. and to be in the occupation of the
said defendant T. K., and how long have you known the
same, and do you or not know the other farms and lands in
the occupation of him and the said other defendants, and how
long have you known the same ? Has it or not as you know
or have heard and believe, been customary or usual for the
defendant T. K. and any and what former occupiers of the
said farm called C. farm and for the said defendants respec-
tively or any of them, and any former owners of their re-
spective farms and lands besides the said fann called C.
farm, and for all or any and how many of the other occu-
piers of land within the said parish of Y. to pay to or for
the use of the vicar of the said parish or his lessee or
farmer and for the vicar or his lessee or farmer to receive
any and what sum or sums of money as or by way of a
composition for the tithes in general or any and which of
tlie tithes in general or the vicarial tithes of or arising
from the said farm called C. farm and the other farms and
lands occupied by the said several defendants and the other
farms and lands within the said parish of Y. or any and
which of them ? And if yea, What is the nature of such
composition or compositions, and how long has it been cus-
tomary or usual for such composition or compositions to be
j)aid and received, and when and in what manner and for
what reason did such composition or compositions or manner
of paying tithes first arise as you have heard and believe
or as it is reputed, and was it or not owing to any and
what agreement made relating thereto ? And if yea, When
and by and between whom and on what occasion and for
wliat reason was such agreement first made ? And whether
or not was or were and is or are the modus or moduses or
customary payment or payments by the 3d interrogatory in-
quired after comprised or included in such composition or
compositions or understood or intended to be comprised or

INTERROGATORIES.

233

included therein, and was or were or not the same to be
prejudiced or affected by such composition or compositions?
And was or not any and what agreement ever and when
made relating thereto? And have you or not heard any
thing from any ancient person or persons now deceased re-
specting such composition or compositions and the origin
thereof? Declare and set forth the particulars of such
composition or compositions and all you know and have
heard and believe concerning the matters inquired after by
this interrogatory, with' the manner in which you heard and
your reasons why you believe the same, and set forth the
general reputation touching the matters inquired after by
this interrogatory, fully and at large.

*5th. Whether or not as you know or have heard and
believe, have or has any and what tithes in kind of milk or
any and what composition or satisfaction for the same, other
than such modus or moduses or customary payment or pay-
ments or composition or compositions as are by the 3d and
4tli interrogatory inquired after, been ever and when and
how often rendered and paid by any and what occupiers of
land within the said parish and chapelries having cows or
heifers, to and for the use of any and what vicar or vicars
of the said parish or chapelries or his or their lessee or
lessees or farmer or farmers or any and what person or per-
sons on his or their behalf? Declare and set forth all you
know and have heard and believe concerning the matters
inquired after by this interrogatory, with the manner in
which you heard and the reasons why you believe the
same, fully.

* 6th. Whether or not as you know, have or hath the said
defendants respectively or any or either and which of them
paid to or for the use of the said complainant, any and what
compositions for their tithes or the vicarial tithes or any
and which of them to any and what period or periods of
time past, and have or not the said defendants respectively
or any or either and which of them at any and what time or
times since tendei'ed to the said complainant or offered to
pay him any and what money for or in respect of such com-
position or compositions ? And if yea, Did or not the said
complainant refuse to accept the same ? Declare &c.

* 7th. Whether or not as you know or have heard the
said complainant say and acknowledge, did the said com-
plainant ever and when enter into any and what agreement

and what viitness has
heard from deceased
persons respecting
such composition.

To prove whether
tithe in kind of milk
zvas ever paid or any
other modus or com-
position than those
before reforred to.

To prove vp to what
period the defeiidants
have paid their com-
positions, and a ten-
der since made to the
plaintiff, and his re-
fusal to accept the
same.

To prove admissions
made by the plaintiff
of an ayreemeiit made

234

Inj him with the de-
fendant to accept a
composition for the
tithes of apples dur-
ing particular years,
and ichether the de-
fendant tendered the
same.

INTERROGATORIES.

To prove how long
ivitness has known the
parish and the lands
in question.

To prove that witness
became entitled as
farmer or lessee to
receive all small
tithes, or the moduses
or customary pay-
ments in lieu of tithes,
and how long he so
continued entitled.

To prove that during
the time he teas the
farmer or lessee he
received no tithes for
the lauds in question,
also to prove that he
received the modus or
customary paym-cnt in
lieu of tithes, and at
what period the same
toas jiayable.

with the said defendant W. E., to accept from the said de-
fendant any and what sum of money as or by way of com-
position for the tithes of apples growing in his orchards in

the years and or either and which of those years ?

And if yea, Did or not the said defendant ever and when
tender or offer to pay to the said complainant any and what
sum or sums of money as or for such composition, and
did or not the said complainant refuse to accept the same ?
Declare &c.

Lastly. [ T/ie concluding general interrogatory ; vide
antea, p. 153.]

Whether or no have you for many years and how long
in particular known the parish of B. in the county of C.
and certain lands there called C, situate within the town-
ship of C. in the said parish of B. ? Declare &c.

Whether or no did you at any time and when and under
whom and in what manner become entitled as farmer or
lessee, or how otherwise, to have and receive the small or
any and what tithes arising growing and renewing within the
said parish of B. or any and what township thereof, and in
particular within the said township of C, or to have or re-
ceive the moduses or customary payments made or rendered
in lieu of tithes within the said parish or any and what
township thei-eof, and in particular within the said township
of C, and for how long did you continue entitled as such
farmer lessee or otherwise to such tithes produce or cus-
tomary payments ? Declare &c.

Whether or no during the time you v/ere entitled as such
farmer lessee or otherwise to the tithes moduses or cus-
tomary payments in the former interrogatory inquired after,
did you at any time or times and when receive any and what
tithes and from whom for or in respect of the said lands
called &c. or any and what part thereof, and if not why ?
And whether or no did you during such time or for any
and what part thereof and from whom receive any and
what modus or yearly customary payment or render for
or in lieu of all or any and which of the tithes arising
growing or renewing in and upon the said lands called C.
or any and what part thereof, and at vrhat period of the
year was such modus or customary payment or render
payable ? Declare &c.

INTERROGATORIES.

235

Whether or no at the time you commenced such farmer
or lessee of the said tithes moduses or customary payments
did you understand or were you informed by the person
from whom you leased or farmed the same or from the agent
or other person with whom you treated for the same, or
from any other person or persons and whom, that the said
lands called C. paid any and what modus or customary pay-
ment or render for or in lieu of all or any and which of
the tithes arising growing and renewing thereon ? And
whether or no w^as any book or paper delivered to you by
any person and whom as instructions for the collections of
the said tithes or moduses or customary payments which
were so leased to you ; And did the said book or paper
make any and what mention of any modus or customary
payment for or in lieu of all or any and which of the tithes
arising from the said lands called C, and what hath become
of the said book or paper and when did you last see the
same, and where ; and did such book or paper appear to
have been anciently written, or how otherwise ? And what
yearly rent did you pay as such farmer or lessee of the said
tithes moduses or customary payments ; and whether or no
when you consented or agreed to pay such rent, did you
consider that you were to be entitled as such farmer or
lessee, to any and what tithes in kind from the said lands
called C. or only to some and what modus or customary
payment ; and whether or no would you have agreed to
give a larger rent as such farmer or lessee as aforesaid, if
you had considered yourself to be entitled to the same
tithes in kind from the same lands called C. as you had
and received from the other lands in the parish of B.?
Declare &c.

Whether or no during the time you were such farmer or
lessee as aforesaid, were there any and what titheable
matters and things arising growing and I'enewing in and
upon the lands called C, and whether or no as you know
or for any and what reason believe, did any person and
whom and in what character and for whom ever and when
have or take or demand during the time you were such
farmer or lessee as aforesaid any and what tithes in kind
from the said lands or any and what part thereof or any
modus or customary payment in lieu thereof, other than
yourself? Declare &c.

To prove that at the
time he became the
farmer or lessee he
loas informed that the
lands ill (piestion paid
a modus in lieu of
tithes ; that a book
was delivered to him
as instructions for
collecting the tithes
or moduses, what has
become thereof, and
whether the same ap-
peared to be an an-
cient book ;

also to prove tvhat
rent he paid, and whe-
ther he ivould have
given a larger rent
if he had considered
himself entitled to
tithes in kind from
the lands in question.

To prove that during
the time he was far-
mer or lessee no other
person took tithes in
kind, or any modus in
lieu thereof from the
lands in question.

236

To -prove the reputa-
tion that the lands are
not tithcable, and the
quantity of acres the
same consist of, and
the boundaries thereof

To prove two receipts
for the amount of the
modus as exhibits, and
the receipt by icitness
of the sums therein
rnoitioned.

To prove as exhibits
the receipts siyned by

former lessees of the
tithes for the aitiount
of the inodtis payable

for the lauds in ques-
tion.

INTERROGATORIES.

Whether or no did you ever and when hear from any
person or persons and whom in particular who is or are now
dead, any thing respecting the said lands called C. being
titheable or not titheable for the great or small tithes, or
being subject or not subject to any and what modus or cus-
tomary payment in lieu thereof? If yea, Set forth the par-
ticulars of what you have so heard ; And whether or no
can you tell what quantity or about what quantity of acres
the said lands called C. consist of, and do you know the
boundaries of the said lands or any part thereof? And
if yea, Set forth the same to the best of your knowledge
recollection and belief; Declare &c.

Look upon the paper-writings now produced &c. Whe-
ther or no are or is such produced writings or either and
which of them or any and what part thereof, or the name
li. P. appearing to be set and subscribed thereto of your
proper hand-writing ; And whether or no did you duly re-
ceive the several sums therein respectively mentioned or
any and which of them according to the purport and effect
of the said paper-writings or either of them? Declare &c.

Look upon the paper-writings now produced &c. Whe-
ther or no are you by any and what means acquainted with

the character or manner of hand-writing of whose

names appear to be set or subscribed thereto respectively,
and are or is such produced writings or either and which

of them or any and what part thereof, or the names

appearing to be set or subscribed thereto of the proper
hand-writing of such persons respectively, or how other-
wise ? Whether or no were or was such persons respectively
or either and which of them as you for any and what reason
know and believe farmers or lessees of any and what tithes
arising growing and renewing within the said parish of B.
or any and what township thereof at the times such receipts
respectively bear date ? Declare &c.

I

To prove notice yivcn
to the dtfendant of
the plaintiff's claim
to an estate, andivlie-
ther the same was be-
fore or after the de-
fendant had a charye
thereon.

* Had or not the said defendant at any time or times and
when in particular and how or in what manner and upon
what occasion or occasions any and what notice or infor-
mation given to him by or on behalf of the said complainant
or any other person or persons and whom by name, or
otherwise and how, that the said complainant had or claimed

INTERROGATORIES.

237

to have some and what right title or interest in or to the
premises in the pleadings of this cause mentioned ? And
if yea. Was such notice or information so given to the said
defendant before or after and how long before or after he
■^he said defendant had any and what lien charge or se-
curity upon the said premises, or how otherwise ? De-
clare &c.

* Did you at any time and when and by whose authority
make any and what offer to the said complainant relative
to the subject-matter of this cause or any and what part
thereof? And if yea, On whose behalf? Set forth all you
know touching or concerning the matters inquired after by
this interrogatory fully and at large.

To prove an offer
made to the plaintiff i

* Are you or not acquainted with the several manors and

other freehold hereditaments situate in the counties of

in the pleadings in this cause mentioned or any and which
of them? Were you or not employed as the surveyor and
agent for and on behalf of any and which of the said se-
veral parties in the preceding interrogatory inquired after
in the partition of the said several manors and other here-
ditaments in the pleadings in this cause stated ? If yea,
When or at what time and by which of the said several
parties were you 'SO employed ? And did you or not act as
such surveyor or agent in the business of such partition,
and are you or not acquainted with the several allotments
made to the said parties respectively or any and which
of them and to whom ? And do you or not know a Certain
farm called W. farm in the pleadings in this cause men-
tioned ? If yea. Where or in what parish or' parishes is the
same situate, and did or not the said farm called W. farm
form part of any and which of the said allotments made in
the partition of the aforesaid manors and other heredita-
ments and to whom was the same allotted ? And do you
or not know a certain piece or parcel of land situate in
W^hite Meadow, containing eleven acres or thereabouts, in
the pleadings in this cause particularly mentioned ? Was or
not such piece or parcel of land ever and when and by
whom shown to you as forming part of any and what farm

To prove that witness
was employed as sur-
veyor on the partition
of estates ; his know-
ledge of the allotments
and as to a particular
farm in what allot-
ment it was com-
prised; that a piece
of land was shown to
him as forming part
of the farm, and icat
allotted therewith,
and to ivhom.

238

INTERROGATORIES.

To prove xnhether the
allotments made iipon
the partition of cer-
tain estates were of
equal value ;

and that the allot-
7nent made to the
plaintiffs comprised
a particular piece of
la nd as part of a farm ,
[which piece of land
had been shotvn to the
surveyor by mistake,
as being part of the
farm ;]

also to prove whether
the allotment made to
the plaintiffs was of
equal value with the
other allotments.

comprised in the aforesaid partition between the said several
parties, and was or not the said piece or parcel of land
situate in White ]V[eadow included in the allotment of the
said farm called W. farm or in any and what allotment on
the partition of the aforesaid manors and other heredita-
ments, and to whom was the same allotted as you know or
for any and what reason believe ? Declare &c.

* Were or not the several allotments of the said manors
and other hereditaments made to the said parties respec-
tively in the first interrogatory named on the partition
thereof of equal value, or what was the difference in value
between the said allotments respectively as you know or do
for any and what reason believe ? And did or not the allot-
ment made to the said complainants comprise or contain a
certain piece or parcel of land forming part of a certain
meadow called White Meadow in the pleadings in this cause
particularly mentioned as and for owelty or equality of par-
tition, or why or for what reason was the said piece of land
forming part of the said meadow called White Meadow
comprised or included in the allotment made to the said
complainants ? And was or not the said piece of land form-
ing part of the said meadow called W^hite Meadow allotted
unto the said complainants subject to tithes as part of and
together with the said freehold farm called W. farm ? And
in particular was or not the allotment made to the said com-
plainants of equal value with the several other allotments
made of the said manors and other hereditaments as you
know or do for any and what reason believe ? Declare &c.

To prove hoiv long
witness continued in
the service of certain
deceased persons, and

Interrogatories relating to partnership matters.

Interrogatories to be administered &c. wherein
S. W. is complainant, and T. F., H. J. F.,
R. R, S. G. F., M. F. and S. F. are defend-
ants, on the part and behalf of the said com-
plainant.

1st. [General interrogatory as to hiowledge of parties ;
vide antea, p. 152.]

2d. W hether or no did you ever and when first live and
in what situation and at what age with J. F. and R. J. F.
both late of &c. but now deceased in the pleadings of this

INTERROGATORIES.

239

ii^ause respectively named, and for how long did you continue
with them and when did you quit them ; and did you ever
and when return to them and for how long did you after-
wards remain with them and in what situation ? Whether
or no did the said J. F. ever and when and where and how
often declare to you or in your hearing that the said
R. J. F. was his partner in any and what trades or businesses,
or make any declai-ations to such and what effect ? Whether
or no did you ever and when and how often by the direc-
tions of the said J. F. make out bills to customers of the
said trades or businesses or any of them in the name of 'J.F.
and company' and who was intended by the word ' com-
pany' as you know or collected and how from the said J. F.?
And how many keys were there to the till of the shop in
which the said businesses were carried on, and by whom
were such keys respectively kept, and who had access
thereto, and what and whose expenses were paid therefrom ?
What name or names was or were painted over the shop
door in which the said business was carried on, or painted
or engraved on the passage door of the house in which the
said J. F. and R. J. F. lived, and by whom or by whose
direction was or were such names or name painted or en-
graved, and who was or were intended thereby as you know
or for any and what reason believe ? Who appeared to
act as masters or partners in the said trades or businesses,
and who had access to all the books of the said trade and
made entries therein and gave receipts for monies received
and in what names? Whether or no did the saidR. J.F.
ever and when and how often in the presence or hearing of
the said J. F. speak of himself as a partner in the said
trades or businesses with the said J. F. or to such effect ;
and did or not the said J. F. upon such occasions deny or
admit the same or how otherwise ? What part did the said
complainant take in the management of the" family or of
the said trades or businesses as you know or believe ? Set
forth the particulars &c.

3d. What is your trade or business and where do you
live ? Whether or no did you ever and when and for how
long deal in any and what goods with J. F. and R. J. F. late
of &c. but now deceased and in the pleadings of this cause
named or either and which of them ? In what name or
names were your invoices or bills of parcels for such goods
made out durin*; the life of the said R. F. J. and after his

when he left them,
and vhefher he after-
wards returned ;

also as to any decla-
rations which he may
have heard made by
J. F. that R. J. F.
was his partner ;

How vritness made out
the bills to customers,

how many heys there
were to the till,

vjhat names tvere
painted over the shop
door and house door.

who appeared to act
as musters or part-
ners, and who had
access to the boohs ;

also to prove that
R. J. F. spoke of
himself as being a
partner in the hearing
of J.F. and whether
he denied or admitted
the same, and what
part the plaintiff had
in the management of
the business.

To exa7vine tradesmen
who dealt ivith the
deceased as to the
names in ivhich the
invoices icere made
out, and as to their
knowledge or inform-
ation that R. J. F.
was a partner villi
J. F.

240

INTERROGATORIES.

To examine a hanker
with ichom J. F.
hanked, as to decla-
rations made hy him
respecting R. J. F.
being in partnership
with him.

To examine the hank-
er^s clerk to prove
whether J. F. and
Ji. J. F. hoth kept a
cash account arid in
what name, and whe-
ther their drafts were
honored, and the ac-
counts with such
drafts credited therein
admitted hy them.

To prone ivhether
R. J. F. voted for a
member of parlia-
ment, and whether he
served any parochial
office in the borough.

To prove whether
J. F. at the elec-
tion, made any de-
clarations respecting

cleatli ? Whether or no were or was any bills or bill of
parcels ever returned to you by the said J. F. which had
been made out in his name alone, and with any and what
instructions as to making out the same in a different and
what manner ? Whether or no were you ever and when in-
formed by or did you in any manner and how collect from
the said J. F. that he had any and what partner in his said
business ; and whether or no did you know from the course
of any dealing with the said J. F. and R. J.F. that they
were partners together in the said business ? Declare &c.

4th. Whether or no are you a partner in any and what
banking-house or house of business ? Whether or no did
J. F. late of &c. but now deceased at any time when he

was in and when in particular open any cash account

with you and in what name or names ; and whether or no
did he upon that or any other and what occasion or occa-
sions make any and what declaration or declarations to you
or to any person and whom in your hearing respecting his
brother R.J. F. in the pleadings in this cause also named
being in partnership with him in any and what trades or
businesses? Set forth &c.

5th. Whether or no were you at any time and for how
long employed in any and what situation in the late firm or
banking-house of B. and company? Whether or no had

J.F. and R.J. F. late of but now both deceased and

in the pleadings in this cause named or either and which of
them any cash account with the said banking-house during
such your situation therein, and what was the name or stile
of such account; and did the said J. F. and R. J. F. or
either and which of them draw in their own names upon
such account ahd were such drafts honored, and were such
accounts with such drafts credited therein afterwards ad-
mitted by them or either and which of them? Declare &c.
6th. What is the right of voting for members of parliament

at ? Whether or no did R. J. F. late of &c. ever and

when vote for any member or members of parliament for
the said borough and in what right and character; and
whether or no did the said R. J. F. ever and when serve
any and what parochial offices in the said borough ? Set
forth &c.

7th. Whether or no did J. F. in the pleadings of this
cause named, upon the occasion of any and what election tor
a member or members of parliament for the borough of

INTERROGATORIES.

241

make any and what declaration and when respecdng his
brother R. J. F. in the pleadings of this cause named being
a partner with him ? Declare &c.

8th. Whether or no were you acquainted with J. F. and
R.J. Folate of &c. but now deceased the testators in the
pleadings of this cause respectively named or either and
which of them, and how long before their respective deaths ?
Whether or no had you at any time and when any conver-
sation or conversations with the said J. F. respecting the
said complainant, or respecting any provision which he had
made or intended to make for the said complainant, or which
had been made for the said complainant by the said R. J. F. ?
If yea. Set forth all the particulars of such conversations,
and when and upon what occasions the same passed ac-
cording to the best of your knowledge remembrance in-
formation and belief and the truth declare.

9th. Whether or no were you at any time and when and
where present when any conversation passed between
R. J.F. and J. F. both late of &c. but now deceased re-
specting any provision made for the complainant S.W. by
the will of R. J. F. ? If yea, Set forth what v/as said both
by the said R, J. F. and the said J.F. upon that occasion ;
And whether or no did the said R. J. F. then or at any
other time and when deliver to the said J. F. his will or
any paper which he described as his will? Set forth &c.

10th. Whether or no did J. F. and R. J. F, in the pleadings
of this cause respectively named or either and which of thcin
at any time and when purchase any and what sum in any and
what stock and in whose names as a gift for the said com-
plainant as you know or for any and what reason believe ,
and whether or no was the same at any time and when and
upon what occasion and by whose advice after the death of
the said R.J. F. transferred into the name of the said com-
plainant as you know or for any and what reason believe 'i
Whether or no did the said J. F. ever and wlien and u})on
what occasion make any and what declaration respecting his
brother R. J. F. being a partner with him and respecting the
share and interest which he had in the joint trade and
property ? Set forth &c.

llth. Whether or no were you present in the room with

the said J.F. about two days before his death when the

said J. F. made any declaration to the defendant H. J. F.

and 8.F. respecting the said complaiuiint? Ic yea, ^et

Vol. II. Q

7?. ./. F. hciug I
jKirtner with him.

To prove conversa-
tions xvith J. F. re-
s])ecliiKi the 'provision
intended to be wade
for the ■plaintiff h\j
him or by li. J. F.

To prove a conversa-
tion between R. J. Ft
and J. F. respectinff
tlieprotnsion made for
the plaintiff by the
will of Ji. J. F., and
whether he then de-
livered his tvillto J.F.

To prove a purchase
of stoch by J. F. and
/?. ./. /'. as a gift for
the plaintiff', and that
the same after the
death of 11. J. F. teas
iransfetnd into the
plaint iff 's tiame ; aho
to proce declarations
by ./. F. respecting
Ji. J. F. being a part-
ner with him, and his
share in the business.

To prove a declarn-
tion Vidde by J, F.
two days before his
death, respecting the
plaintiff'.

242

INTERROGATORIES.

To prove whether uit-
ness ever attended any
meeting of the defen-
dants for the purpose
of settling the share
of H. J. F. and what
the value thereof was
admitted to be.

forth the particulars of such declaration, and what was said
thereupon by the said H. J. F. or S. F. ? Declare &c.

12th. Whether or no did you on the part of the defend-
ant H.J. F. ever and when attend any meeting of the said
several defendants or any and which of them for the pur-
pose of settUng the share of the said H. J. F. in the said
J.F.'s estate? If yea, Was the value of the said J.F.'s
estate then stated to be or admitted by the said defendants
or any and which of them to be of any and what amount
in the whole ? Declare &c.

13th. [Interrogator?/ to prove exhibits in the hand-writ'
ing of J. F.]

Lastly. [The concluding general interrogatory; vide
antea, ^^. 153.]

To prove a partner-
ship deed as an ex-
hibit.

To prove entries in
books of the dealings
in trade by the person
employed in the ma-
nagement of the bvsi-
ness, and hotv the bills
were made out, and
also the receipts;

Look at the deed or writing now produced or shown to
you at this the time of your examination marked with the
letter ( A ), purporting to be articles of copartnership be-
tween the saidW.G. and the said A. E. Whether or no
was the same at or about any and what time or times signed
sealed or delivered by any and what persons or person in
your presence ? Are you or not a subscribing w^itness to
the signing sealing or delivering thereof by the said W.G.
and the said A. E. or either and which of them ? Of whose
hand-writing is your name now appearing to be subscribed
or indorsed as witness thereto ? Declare &:c.

Were you or not ever and when and for how long be-
tween the day of and the day of em-
ployed at in the county of in the conduct or

management of any and what trade or trades carried on
during such time or any and what part of such time in the
name of the said W. G. and any other and what person or
persons as his partner or partners ? And if yea, Did you or
not during such or any and what part of such time keep any
and what book or books for the purpose of making entries of
any and what kind respecting the dealings and transactions
of such trade or trades or either of them ? Look upon the
books produced and shown to you at this the time of your

examination marked respectively with the letters ;

Were or not the several entries therein or in some and
which of them or some and which of such entries made by

INTERUOGATORIES.

243

you ? And if yea, When and upon what occasion and for
what purpose did you make such entries respectively, and
what do the same respectively purport to be ? And did you
or not during such time or any part of such time and when,
make out or deliver any bill or bills to any person or persons
and to whom, for goods sold during such time and when, from
such trade or trades or some and which of them? And if
yea, To whom was or were such person or persons charged
to be indebted by the title of the said bill or bills; and did
you or not during such time and when receive from any
person or persons and whom any and what sum or sums of
money for goods sold from the said trade or trades or some
and which of them during such time? And if yea, For
whom and for whose use did you by writing or otherwise
and how acknowledge the same to be received ; and was
there or not during such time or some and what part of
such time some written or painted inscription in or on the
external part of the shop or warehouse in which the said
trade or trades or some and which of them were carried on,
denoting the name or names of the person or persons by
whom or upon whose account the same were carried on?
And if yea. Set forth what in particular was such writing
or inscription in the very words thereof; Declare &c.

Look at the paper-v/riting now produced &c. purporting
to be a proposal for or heads of articles of copartnership
between ? Whether or no do you know or are you ac-
quainted with the character or manner of hand-writing in
which the same or any and what parts or part thereof are
or is written ? If yea. Set forth of whose hand-writing the
same and every or any and what parts or part thereof is or
are, and have you or not seen such persons or person write ?
Whether or no was the said paper-writing at any time and
when and by whose direction sent or delivered to any per-
son or persons and whom in order that regular articles of
copartnership might be drawn pursuant thereto, or how
otherwise ? Whether or no did you for any time and when,
and for how long and where, carry on any and what trade
or trades in copartnership with the said T. E. upon the
terms stipulated and expressed in the said paper-writing,
or upon any and what terms and conditions ? Look upon
the printed newspapers now produced &c. entitled respec-
tively , and upon the advertisement in each of the said

q2

also to "prove what
names were written
over the shop.

To prove as an exhi-
bit a jjaper contain-
ing heads of articles
of copartnership ;

also to prove that the
same icere delivered
to a solicitor to have
regular articles of co-
partnership drawn,
that the trade was
carried on agreeably
to the stipulations
contained therein, and
also to prove by whose
direction certain ad-
vertisements were in-
serted in newspapers.

244

INTERROGATOrtlES.

newspapers mar

ked

When and for what purpose

and by whose direction were the said several advertisements
or some and which of them inserted in the said several
newspapers, and were the same or any and which of them
inserted with your knowledge or approbation ? Declare &c.

Tn prove by the exa-
7n illation of a parttier
ivhen the balance
sheets of the copart-
nership accounts icere
made up, and whether
the same were deli-
vered to T. B. and
why ; also to prove
whether witness con-
sidered T. B. entitled
to any share of the
prcjits of the brohage
business, and whether
if he had demanded a
share thereof the wit-
ness would have com-
jilied thereicith.

In what manner and at what periods were the balance
sheets of the said accounts made up ? Were or not such ba-
lance sheets from time to time delivered to the saidT.B. ?
If yea, For what reason and for what purpose were such
balance sheets made up and delivered to the said T. B. ?
Did you or did you not at any time and when during the
continuance of the said partnership between the said G. P.
and T. B. and yourself, consider the said T. B. entitled to
any and what share and proportion of the profits of the
said brokage business? And if the said T. B. had de-
manded any share or proportion of such profits in the
years when such business was profitable, should you or
should you not have complied with such demand &c. ?
Set forth &c.

To prove the amount
of capital advanced
by a partner.

To prove a partner-
ship business being
increased.

* Do you and by any and what means know whether the
said A. B. advanced any and what sum or sums of money
as and for his share of the capital of the said trade in the
pleadings of this cause mentioned ? And if yea, Set forth
the several sums of money which he advanced for such
purpose ; And have you or not examined the said copartner-
ship books? And if yea, What sum or sums of money does
the said A. B. by the said books appear to have brought
into the said trade ? Declare &c.

* Do you or not know the nature and extent of the trade
in tlie pleadings of this cause mentioned ? If yea, What
was the extent of the said trade at the time of the com-
mencement of the said partnership between the said ,

and was or not the said trade afterwards increased and
by whom and to what extent and by what means? De-
clare &c.

INTERROGATORIES.

245

Whether or no had the said defendants R. and S. or
either and which of them any acquaintance or connexion
with R. C. who was sometime since your partner, before he
became your partner ; And whether or no did your deahngs
and transactions with the said defendants R. and S. depend
upon the continuation of your partnership with the said
R. C, or upon the personal confidence which the said de-
fendants R. and S. reposed in you ? Declare &c.

To prove ivhether the
defendants were ac-
quainted or connected
ivitli R. C. the wit-
nesses late partner ;
and whether tvitness's
deaUnijs with the de-
fendants depended
upon the continuance
of the partnership or
upon the confidence
reposed in the witness.

Whether or no did you in the month of command

the packet boat in his Majesty's service called the ■,

bound from F. to L. ; and whether or no did you at any time

in or about the said month of make a voyage in the

said packet from F. to L. and on what day did you sail from
F. and on what day did you arrive at L. ? Whether or no
did the said complainant the Honorable Mr. M. sail with you
as a passenger in the said packet on the said passage ? And
if yea, What name did the said complainant assume, and
under what name did he pass upon the said voyage? Set
forth &c.

Whether or no did you in the month of see the

complainant the Honorable Mr. M. at L. ? If yea, When
and where and upon what occasion did you first see him,
and did any conversation then pass between you and the
said complainant respecting the defendant S.? If yea, Set
forth the particulars of conversation, and what was said
thereon by the said complainant and by you respectively,
according to the best of your knowledge remembrance and
belief?

Whether or no did you on the

day of

see the

complainant the Honorable J. M. at L. ? If yea, When and
where and upon what occasion did you first see him, and
what passed thereupon, and wlien and liow soon afterwards
did you nc?:t see him, and did the said complainant enter
into any conversation with you, or make to you any decla-
rations respecting the defendant S. ? If yea, Set forth the
particulL:rs of s.ich conversation or declarations according
to tlie best of your knu'.vlcclgc rcmcnibrancc iiiid belief,
and the truth dcckirc.

To prove that witness
commanded a packet
boat ; that the plain-
tiff' tvas a passenger
on a particular voy-
age, and what name
he assumed.

To prove the parti-
culars of a conversa-
tio7i between the plain-
tiff' and witness re-
specting the defend'
ant.

To prove the parti-
culars of subseijunit
conversatio7is,and the
declarations made by
the plaintiff^ respect-
iug the d(fcndant.

240

INTERROGATORIES.

To -prove letters as
exhibits.

Look upon the letters or paper-writings now produced &c.
marked &c. Of whose hand-writing are the said several
letters or paper-writings and every of them, or the super-
scriptions thereof and the signatures thereto, as you know
or believe ? And did you ever see the person or persons
write whom you believe to have written superscribed or
signed the same respectively, or by what means are you ac-
(juainted with the manner or character of the hand-writing
of such person or persons ? Set forth &c.

To prove the plain-
tiffs pedigree, and
declarations of a de-
ceased person respect-
ing his nearest re-
lations.

* Do you or not know whether the said J. N. the intestate
deceased was ever married and when and to whom, and whe-
ther he left any and what legitimate children living at his
death, or any legitimate grandchildren or grandchild, or
any wife or any father or mother, brother or sister, brothers
or sisters, or brother's or sister's children, uncles or aunts,
or uncle's or aunt's children respectively living at the time
of his death ? And if any, Set forth whom by name par-
ticularly ? And do you or not know whether the said com-
plainants A. B. and C. D. or either and which of them were
or was in any manner and how related to the said intestate
J. N. deceased ? And if yea. Set forth their or her or his
degree of kindred, and how you make out the same ; and if
you at any time heard the said intestate J. N. make any
and what declarations touching or concerning any persons
in particular and whom by name, being his nearest relations
of the whole or of the half blood ; Set forth all you know
and have heard and believe concerning the matters inquired
after by this interrogatory, according to the best of your
knowledge remembrance and belief, with the reasons and
circumstances to induce your belief fully and at large.

To prove how long
the defendant has
been in possession of
cvrtdin copyhold pre-
m ises.

Do you know the copyhold premises situate &c. in the
pleadings in this cause mentioned, and how long have you
known the same ? Did J. A. the defendant in the title to
these interrogatories named at any time and when enter
upon and possess the same and receive the rents and profits
thereof? If yea, Set forth at what time he entered upon
and possessed the same, and how long he hath continued
in possession thereof and every part thereof? Declare &c.

INTERROGATORIES.

247

Whether or no were or was the said W. C. and S. his
wife or either and which of them at any time and for how
long in possession or in the receipt of the rents and profits
of any messuages farms or lands in the parish of com-
monly called , and by whom are such messuages farms

and lands now respectively occupied ? And whether or no
did the said S. C. continue in such possession or receipt
until her death, or how otherwise? And whether or no
did J. C. the son of the said W. and S. C. at any time and
when enter into the possession or into the receipt of the
rents and profits of the said messuages farms or lands,
and whether or no did he continue in such possession or
receipt until his death, or how otherwise ? And whether
or no did T. C. in the last interrogatory named, at any
time and when enter into the possession or into the receipt
of the rents and profits of the said messuages farms or
lands ? And whether or no did he continue in such pos-
session or receipt, or how otherwise ? Declare &c.

Whether or no was J. C. late of &c. commonly called
yeoman at any time and when in possession or in

To prove that certain
persons occupied cer-
tain farms until their
death ; that upon their
death their son en-
tered and continued
in possession until his
death ; and that iipoa
his death another per-
son entered into pos-
session.

receipt of the rents and profits of the freehold and copy-
hold messuages lands and tenements which were subject to
a mortgage which formerly belonged to the late A. M. clerk,
and afterwards to the defendant M. M. and now to the de-
fendant T. F., and whether or no did he continue in such
possession or receipt until his death, and when did he die?
Whether or no was the said J. C. ever and when mar-
ried and to whom, and had he and did he leave any child
or children, and whether or no did he die testate or in-
testate, and who upon his death entered upon such posses-
sion or receipt? And whether or no was T. C. late of &c.
aforesaid at any time and when in the possession or in the
receipt of the rents and profits of the said freehold and
copyhold messuages lands and tenements, and whether or
no did he continue in such possession or receipt until his
death or how otherwise, and when did he die, and was he
ever and v/hen married and to whom, and had he and did
he leave any child or children, and did he die testate or
intestate ? And whether or no was any and what allotment
made to the said T. C. in respect of the said freehold and
copyhold lands or any and M'hat part thereof under any
act of parliament passed for embanking the common salt-

To prove that a per-
son was in possession
of lands Sfc. until his
death; that he died
intestate and withoiit

Also to prove that an-
other person had pus-
session of the lands,
6fc. and ivhelhcr he
left any family ;

Also to prove that
an allot ine lit of com-
mon land teas made
to him in respect of
the same lands.

248

INTERROGATORIES.

marsh in the township ofW. aforesaid, and for inclosing
the same? Set forth &c.

To prove that a trea-
sury messenger re-
ceived monies due to
another messenger,
t/iat he paid over the
monies so received,
and whether he was
in<lie habit of faking
receipts for the same.

Whether or no did the said F. G. as you for any and
what reason know or beUeve receive any monies from the
Treasury or elsewhere and where on the account of the
said A. B., and have you ever and in what years and how
often seen the said F. G. pay any and what sums of money
to the said A. B. in respect of the monies so received by
him, and whether or no was it the practice of the said
F. G. at such times to take receipts or memorandums for
the monies so paid to the said A. B. or how otherwise, and
whether or no was it as you for any and what reason know
or believe the general habit of tlie said F. G. to be regular
in his accounts and to take receipts or make memorandums
of monies paid by him or how otherwise? Declare &c.

To prove the destrvc-
tioii of the records of
Jities levied during
2)articular years;

also to prove the loss
of the record of a fine
levied of the premises
in (picsiiou.

Whether or no are you the master or keeper of any and
what office or place in which the records of fines suffered
of estates or lands situate Sec. ? If yea. For how long have
you acted or been employed therein, and are or not and
have or not such records or any and which of them been
for any and how long time in your custody or possession?
Wliethcr or no were any and which of such records and
from and to what time in particular and when and about
what time lost or in any and what manner destroyed ? If
yea, Have you or not any and what reason to know or
believe what particular records or record of fines were or
w-as upon such occasion lost or destroyed, and were or was
or not any indentures or record of any fines or fine levied
by any and what persons or person and whom by name of
the messuage or tenement and premises hereinbefore men-
tioned and inquired after upon such or any and what oc-
casion lost or destroyed as you know or for any and what
yeason believe? Declare &c.

INTERROGATORIES.

'211)

Whether or no did the said G. G. in the course of the
dealings and transactions between him and the said T. D.
frequently or how often for any and how long time re-
ceive from the said T. D. drafts or bills of exchange for
money and to what amount yearly for the purpose of the
said G. G. receiving the money payable thereby or for what
other purpose ; and whether or not also for the purpose of
the said G. G.'s paying all or part of the money so re-
ceived to any other person or persons on account of the
said T. D. ? Did it or not appear to you on drawing out
the accounts between the said G. G. and T. D. that it was
reasonable that any and v/hat svmi of money should be al-
lowed by the said T. D. and on what ground unto the said
G. G. or his representatives or estate as or by way of com-
mission for receiving the money on or by virtue of such
bills or drafts? Was or were or not any and what sum or
sums of money charged in the accounts drawn out by you
as aforesaid for such commission, and whether or not for
postage of letters ? Had you or not ever and when any dis-
course or conversation with the said T. D. with regard to
his making any and what allowance to the estate or repre-
sentative of the said G. G. for such commission and post-
age of letters or on either and which of such accounts ?
If yea, What answer did the said T. D. make or how did
he express or declare himself relating to such matters or
things or either and which of them ? Declare &c.

To prove remittances
of drafts and bills to
an at/cut for the pur-
pose of receiving the
■moncif due t/icreoii ;
that it appeared rea-
sonable to the person
employed to make out
the accounts between
the parties that an
allowance should be
viude for commission
andpostage of letters;

also to prove what
was said by the per-
son charged therewith
upon a conversatiort
ivith him relative
thereto,
[liefer to p. t89, antca.}

Hath or have or not any and what sum or sums of money
been paid to or to the use of the said J. A. in the title to
these interrogatories named by any tenant or tenants as the
rent or rents of any and what part of the premises in the
5th interrogatory mentioned ? If yea, Set forth for what
and by whom by name, and what sum or sums hath or have
been so paid? Declare &c.

To prove what rents
have been paid to the
defendant by the te-
nants of the premises
in question.

250

INTERROGATORIES.

Interrogatories to be exhibited to witnesses
ike. [seep. 148, aw^e«] wherein J. B. is
complainant and R. B. is defendant, on
the part and behalf of the said com-
plainant.

To prove that 7cit7icss
advertised the pre-
mises for sale and sold
the same by auction,
what conversation tvit^
•ness had icith the de-
fondant the vendor us
to the jyrice at whivli
the same should be
sold; whether the lot
was knocked doicn
foirly and bond fide,
and ichetlier the dc-
fondant then made
any ohjcvtion thereto.

To -prove as an cx^
hibit the memoran-
dum or receipt signed
by the auctioneer, what
anthority he had for
signing the same, and
the general vsage of
auctioneers as to sign-
ing receipts on the
part of the vendors,
and ivhether witness
had received the de-
posit.

1st, [As to hjioivledge of the parties; vide p. 152,
antea.]

2d. Whether or no did you or any person and who
in partnership with you at any time and when and by
whose order or authority cause the premises in the plead-
ings in this cause mentioned amongst others to be adver-
tised for sale by auction, and whether or no did you or any
person and who in partnership with you at any time and
when and wliere and by whose order or authority put up
the said premises to sale by public auction, and were the
same described as lot 1. or as what other lot at the said
auction ? And whether or no did any and what conversation
pass between you and the said defendant previously to the
said lot Ijeing put up as to the price at which the same
should be sold, and whether or no did the said defendant
bid for the said lot and liow much and to whom was the
said lot knocked down and at what price ? And was it so
knocked down fairly and bond fide or how otherwise ? And
had the said defendant any time or opportunity to make a
further bidding ; and did the said defendant when the same
was so knocked down publicly or otherwise and how object
thereto, or when first did the said defendant object to the
said sale ? Set forth &c.

3d. Look upon the paper-writing novr produced &c. ; Of
whose hand-writing is the said paper-writing and every
part thereof and in particular the signatures of " John White
and Son " set and subscribed thereto; And whether or no
had you authority from the said defendant to set and sub-
scribe your name to such memorandum or receipt or to
sign any agreement as to the sale of the said premises?
And is it the usage for persons employed as auctioneers to
sign such memorandum receipts or agreements on the part
of the persons by whom tliey are employed to sell, and
whether or no liad you then actually received from the said
complainant the said auni of £ or for what reason did

INTERROGATORIES.

251

you give a receipt for the said sum as if you had actually
received it? Set forth &c.

4th. Look upon the paper-writing now produced &c. ; Of
whose hand-writing is the said agreement, and whether or
no was the same signed by any person and whom in your
presence ? And is your name set and subscribed as a witness
thereto of your proper hand-writing ? Where was the said
agreement written and signed, and was the said defendant
then present, and did he make any and what objection
thereto, and whether or no were you present when the
sale of the said lot took place ? And if yea, State what
passed thereupon, and whether when the said lot was
knocked down to the said complainant any and what ob-
jection was made thereto by the said defendant? Set
forth &;c.

Lastly. [ The concluding general interrogatory ; see
2). 153, antea.]

Opinion. — The question in this cause is, whether any
memorandum of the sale was signed by any person lawfully
authorized by the defendant, and the only paper that can
be stated to have that effect is the memorandum and re-
ceipt of the £ mentioned in the bill to have been

signed by one of the Whites.

The agreement signed by the plaintiff does not bear upon
the difficulty of the case. If the evidence comes up to
the representation of it, I think the plaintiff will succeed ;
but the case is not without doubt.

To prove as an ex-
hibit the agreement
signed by the plain-
tiff', ivhetker the de-
fendant tvas present
ivhen the same was
signed and objected
thereto, and what
passed at the time of
sale.

Interrogatories to be exhibited to witnesses &c,
[see 2^' 148, antea.Ji

1st. [As to knowledge of the parties, see ji. 152, anteai]
2d. Whether or no were you employed on as auc-
tioneer at the sale of a certain copyhold estate which had
belonged to the late S. C. late of &c. inn-holder? If yea.
In how many lots was the estate sold, and who was the

purchaser at such sale of lots and • , and at what

prices? Look upon the printed paper now produced &c.
marked with the letter (M); Whether or no is the same
one of the copies of the particular and condition of the said

To prove by the anc-
tioneer in how many
lots an estate wag
sold; also to prove
as an exhibit a copy
of the particulars of
sale, the amount of
half the auction-duty ^
and the value of fix-
tures and timber.

252

INTERKOGATORIES.

sale, niiJ were the said lots

and

purcliased sub-

To prove conversa-
tions belicceu the
plaintiff' and defend-
ant as to whom the
plaint ijf was to con-
sider as the purchaser
of particnlar lots.

To prove delivery of
possession by plaintiff
to a Mr. K. and v.hat
passed thereat.

To prove application
viade by defendant to
the plaintiff for time
to jury the purchase-
money, and ichether
the same was after
possessio7i was de-
livered to Mr. K.

To prove declaration
by Mr. K. as to his
having employed the
defendant to jnirehase
the jircmises for him.

jecL to such particular and condition ? And if yea, What
was the amount of half the auction duty on the said lots

and , and what was the appraised value of the

fixtures which were to be taken by the purchaser of lot ,

and at what sum was the timber on lot valued ? Set

forth &c.

od. Whether or no were you at any time or times and
when after • present at any conversation or conver-
sations between the said complainant and the said defendant
as to whom the said complainant v/as to consider as the

purchaser of lots and part of the estate of the

late S.C., being the premises in the pleadings in this cause
mentioned ? If yea, Set forth all and every the particulars
of such conversation or conversations, and what was said
therein both by the said complainant and the said defendant
respectively, and when and where and in whose presence
and hearing and upon what occasion or occasions all and
every such conversation or conversations took place? Set
forth &c.

4th. Whether or no were you present when the said com-
plainant delivered to Mr. K. the possession of the premises
in the pleadings in this cause mentioned ? If yea, Set forth
the particulars of what passed upon that occasion, and what
was said thereupon by the said complainant to the said
Mr. K. ; Set forth &c.

5th. Whether or no were you at any time present when
the said defendant made any application or request to the
said complainant to give him time to pay the purchase-
money of the premises in the pleadings mentioned? If yea.
Set forth the particulars of such application and request,
and when the same was made, and whether or no after the
said Mr. K. was in possession of the said premises ; Set
forth &c.

6th. Whether or no did you ever and when hear the
said Mr. K. make any and what declaration and to whom
as to his having or not employed the said defendant to
purchase for him of the said complainant the premises in
the pleadings in this cause mentioned? Set forth &c.

Lastly. [ The concluding general Interrogator?/, sec
p. loo, anlea.']

INTERROGATORIES.

25.'?

Interrogatories to prove misrepreseniation upon the
sale of a copyhold estate as to the widoivs right
to free-bench.

In Chancery.

Interrogatories to be administered &c. {see
p. 148, antea'] on the part and behalf of
the complainant.

1st. {As to knowledge of the j)a7-iies ,• see p. 152, anteaJ\
2d. Whether or no were you in and before the month

of , employed by the defendant Lord A. in any and

what capacity as to the manor of K. in the county of S.
and the messuages &c. of the said defendant in the parish
of K. ; and whether or no had you in and before the said

month of and when any and what instructions from

the said defendant Lord A. or from any person or persons
and whom as his agent or agents or on his behalf, to show
the said manor and the said estates of the said Lord A. in
the said parish to persons who should desire to view the
same previously to the intended sale thereof, and whether
or no had you then or at any other time and when any and
what instructions from the said defendant Lord A. or from
any person or persons and whom as his agent or agents, or
on his behalf as to the customary rights of widows in the
copyhold estates of the said manor of K., or as to the in-
formation that you were to give respecting such customary
rights of widows to persons who should apply to view the
said manor and estates previously to the said intended sale ?
Declare &c.

3d. Whether or no did the said complainant at any time
and when apply to you as the agent of the defendant
Lord A. to view the said manor and estates of K., and whe-
ther or no did the said complainant at any time and when
make any and what inquiry of you as to the customary
rights of widows in the copyhold estates of the said manor,
and what information did you thereupon give to the said
complainant with respect thereto ? And whether or no did
the said complainant make any and what inquiry of you as
to the widowhood or tlio copyhold land witliin the said

To prove by the agent
who teas employed by
tfie defendant to show
the estate, the instruc-
tions given to him
with respect to the
ividow's rig /it to free-
bench, and the it for-
mation he was to give
to persons viewing the
estate with regard to
such right.

To prove what infor-
mation was given to
the plaintiff upon his
application to view
tlie estate, ivith re-
gard to the widow's
right to free-bench.

2.j4

INTERROGATORIES.

To prove the death of
the reneiving life, and
infoi'mation thereof
given to the -plaintiff;
application made to
the tenant to deliver
up possession, and his
refusal; also to prove
that the ividow of the
deceased is living, and
the animal value of
the land.

To prove what passed
in the auction-room
previously to the sale,
with respect to the
particulars of sale,
and a proposal made
to add another con-
dition, and the par-
ticular declaration
made previously to
the sale ivith respect
to a widoio's right to
free-bench.

To prove what obser-
vations were made by
the auctioneer previ-
ously to the biddings
as to the custom of
the manor tvith re-
spect to widowhood,
the inquiry made by

manor of whicli one G. S. was tenant, anil what answer did
you give to such inquiry, and whether or no did you state
that you had orders from any person and whom to take
possession of the said land upon the death of any person
and whom, and did you say any thing and what as to the
state of health of such person ? Set forth &c.

4th. Whether or no did you know R. H. the renewing
life in the copy of the said land of which the said G. S.
was tenant, and when did the said R. H. die as you know
or for any and what reason believe? Whether or no did
you upon the death of the said R. H. and when give any
and what information to the said complainant, and for what
reason ? And whether or no did you and when after the
death of the said R. H. and by whose instruction and on
whose behalf apply to the said G. S. to deliver up the
possession of the said land, and for what reason did the
said G. S. refuse to deliver up such possession? And is the
widow of the said R. H. now living, and what is her age,
and what is her state of health, and what is the annual
value of the said land ? Set forth &c.

5tli. Whether or no were you present at G.'s cofFee-house

in the city of L. on the • day of at and before the

sale of the manor and lands of L. in the pleadings in this
cause mentioned ? Whether or no was it proposed by any
person and whom and on whose part to add any and what
condition to the particulars of sale with respect to any life
upon the said estates M'hich might drop before the com-
pletion of the purchase, and what passed thereupon and
between whom, and what was settled and declared and by
whom with respect thereto ; and whether or no was there
at or previously to the said sale any declaration made and
by whom " that it was to be understood by all persons
who chose to bid for the estate, that the sale should pro-
ceed in the manner most disadvantageous to the interest
of the seller with respect to a widow's right," or to any
such and what effect ? Set forth &:c.

6th. Whether or no did the auctioneer previously to the
biddings at the said sale make any and what observations
as to the custom of the said manor of K. with respect to
widowhood and what passed thereupon; And whether or
no did the said complainant then make any and what in-
quiry and of whom as to such right of widowhood, and
any and what inquiry as to the widowhood, or any and

INTERROGATORIES.

255

what particular parcel of land within the said manor, and
what answers did the said complainant receive to such in-
quiries and from whom, and what declarations were there-
upon made and by whom as to the customary rights of
widows within the said manors or as to the right of widow-
hood in any and what particular parcels of land within the
said manor, and whether or no did any person and whom
and by whose direction, write any thing and what upon one
of the printed particulars of sale against any and what
parcel of land described therein ? And did any person and
who afterwards deliver to you and in what character and
for what reason the said printed particular of sale which
was so written upon ? Look upon the paper now produced
by or to you at this the time of your examination marked
with the letter (A) ; Whether or no is the said produced
paper the printed particular which was so written upon and
delivered to you as aforesaid, and of whose hand-writing
are the following written words in the said produced paper,
' The widowhood has been enjoyed,' as you know or for
any and what reason believe ? Set forth &c.

7th. Look upon the paper now produced to you at this
the time of your examination marked with the letter (A);
Of whose hand-writing ai"e the following written words in
such paper, *The widowhood has been enjoyed,' as you
know or believe? And have you seen such person write,
or by what other means are you acquainted with his cha-
racter and manner of hand-writing? Declare &c.

8th. [ To prove copies of entries on the court rolls ; see
the Ath interrogatory inserted in p. 197, antea.'\

9th. To prove the custom of the manor as to the ivldow's
right to free-hench ; see the \st interrogatory inserted in
p. 178, antea.'\

Lastly. [ The concluding general interrogatory ; see
p. 153, antea.]

the plaintiff as to
such right in parti-
cntar parcels of land,
and the answers re-
ceived in reply ;

also to prove what
u-as loritteu on one
of the particulars of
sale, and by whom,
and the delivery
thereof to witness ;

also to prove the same
particular as an ex-
hibit, and the hand-
ivritivg of certain
tvords therein.

To prove the hand-
writing of particular
words contained in an
exhibit.

256

I N T i: K K O G A TO R I ES.

In Chancery.

To prove as an ex^
hibit a letter vrittcii
by one of the defend-
ants.

To prove by the ex-
amiiiution of the so-
licitors employed in
negotiating the treaty
beiiceen the defend-
ants, by whom they
were employed, that
they received direc-
tions from the part-
ners of the defend-
ant T. R.C.,and that
pending the treaty or
before the purchase-
money was paid they
received an intima-
tion that the ptcintijf
and I. D. had entered

Interrogatories to be administered to wit^
nesses &c. [see j^' 148, anteal wherein
J. D. is complainant and I. D. and T.R.C.
are defendants, on the part and behalf of
the said complainant.

1st. [As to /knowledge of the jmrties ; see p. 152, antea.'j

2d. [To proi-e as an exhibit the agreement signed bij
the defendant I. D. with the ijlaintiff ; see the first in-
terrogatory inserted iji ^j. 190, antea.'\

3d. Look upon the letter or paper-writing now produced
and shown to you at this the time of your examination
marked W'ith the letter (B), and the superscription or di-
rection thereof; AVhether or no are you by any and vrhat
means acquainted with the character and manner of hand-
writing of the said defendant I. D., and whether or no is
the body of the said letter or paper-writing and the name
I. D. appearing to be set and subscribed thereto and the
superscription or direction of the said letter or either and
which of them of the proper liand-writing of the said de-
fendant I. D. as you know or believe ? Declare &c.

4th. [ To prove the ■particulars of a conversation be-
tiveen the pi^ttifdiff and one of the defendants, and an offer
made by the plaintiff to pay part of the consideration
money ; see the 3d interrogatory inserted in p. 168, antea.^

5th. Whether or no did you at any time and wdien treat
with or enter into any agreement with the said defendant

I. D. for the sale by him of the public-house at Erin the

pleadings of this cause mentioned, to the defendant T. R. C. ?
If yea, When and by whom were you employed to enter
into such treaty and agreement, and when and from whom
respectively did you receive all and every your instructions
or directions as to such treaty or agreement? And in par-
ticular did you ever and when receive any instructions or
directions respecting such agreement from D. W. and W. H.
the partners of the said defendant T. R. C. or either and
which of them ? And whether or no pending such treaty,
or after the said agreement was concluded, and before the
purcl;ase-money was paid by the said defendant T. R. C.

INTERROGATOR! KS.

2ri7

pursuant to such agreement, did you know or believe or
had you any intimation that the agreement in the pleadings
in this cause set forth or any agreement had been entered
into between the said complainant and the said defendant

I. D. as to the sale of the said public-house called the

by the said I. D. to the said complainant, and when and
from whom and upon what grounds did you know or believe
the same, or when and from whom did you receive such
intimation ? And did you at any time and when before the
said agreement was concluded or before the said purchase-
money was paid by the said defendant T. R. C, inform the
said defendant of such your knowledge or belief, or of
such intimation, and if not, why ? Set forth &c.

6th. Whether or no did you ever and when treat or
agree with the defendant I. D. for the sale by him of the
public-house at E. in the pleadings of this cause men-
tioned, to the defendant T. R. C, or employ any person or
persons and whom in any such treaty or agreement, or did
you ever and when and to whom give any and what in-
structions or directions as to such treaty or agreement ?
And whether or no did you so treat or agree with the said
defendant I. D. or so employ such person or persons in
such treaty or agreement, or give such instructions or di-
rections as to such treaty or agreement by the previous au-
thority of the said T. R. C, or with his privity or appro-
bation; or did he after you had so treated or agreed, or so
employed such person or persons, or given such directions
or instructions, know and approve of the same, or how
otherwise ? And whether or no pending the treaty with the
said defendant I. D. for the sale of the said public-house
to the said defendant T. R. C. or after the agreement for
such sale was concluded, and before the purchase-money
was paid by the said T. R. C. pursuant to such agree-
ment &c. [the same as the concluding jiart of the former
interrogatory^ Set forth &c.

7th. Whether or no did you on any day and when in

particular in or about the month of dine in company

with the said complainant at the pubhc-house at B. ? And
whether or no did the said complainant then say to you
or to any other person and whom in your presence or hear-
ing, that he had made any agreement for the purchase of

the public-house called the • at E. in which he lived,

or to any such and what effect? And M'hether or no was

Vol. II. R

into an agreement,
and whether thetf w-
formsd T. It. a ■
if.

To prove by the ex-
amination of the part-
ners of the defendant

T. R. C. whether thetf
entered into or em-
ployed other persons
and tchoin to enter
into a treaty toith the
defendant I. D. for
sale of the premises,
rvhether they had the
previous authority of

1\ R. C or ivhether
he afterwards knew
or approved of it.

To prove that at a
dinner the plaintiff
informed one of the
jiariners of T. R. C.
that he had agreed for
the purchase of the
premises, and whether
the af/reement between
the dcfendatits was
then ionchided cr the

258

INTERROGATORIES.

purchase mn7icy paid,
and u-licther v:H>tc>ss
informed T. R. C of
what he had heard.

To prove by the exa-
viinatiun of one of the
partners of '/'. R. C.
that he frequently
called at the plain-
tiff's house to look at
his agreement, that he
took the same away
and how tony he kept
it, and xchut passed
when he returned the
same I

A ho to -prove whether
when he Jirst had any
conversation with the
plaintiff' respecting
his agreement or took
the same away, the
agreement betneentlie
defendants had been
entered into or con-
cluded, or the pvr-
chase-money paid.

the agreement between the defendants I. D. and T.R. C. as
to the sale of the said house then concluded, or had the
said T. R. C. then paid his purchase-money for the said
house to the said I. D. as you know or believe ? And whe-
tlier or no did you mention or give any intimation to the
said T. R. C. of what the said complainant had then said
before the said agreement was concluded between the said
defendants I. D. andT. R. C, or before the said purchase-
money was paid by the said T.R. C, and if not why ?
Set forth &c.

8th. Whether or no did you ever and when and how
often and at what particular times in or about the month of
, and whether alone or in company with any other per-
son and whom, call at the house of the said complainant
and ask to look at the agreement which he had entered into
for the purchase of his house, or to any such and what
effect ? Or have you had any other and what conversation
with the said complainant respecting any such agreement?
And whether or no did you or any other person and
who in your presence at any and which of such times
see the said agreement ? And whether or no did you
or any other person and who in your presence, at any
and which of such times desire to take the said agree-
ment away and allege any and what reason for so doing, or
actually take the said agreement away and allege any and
what reason for so doing ? And for how long did you or
such other person keep such agi'eement, and for what
reason ? And when did you or such other person return the
same to the said complainant? And whether or no did you
or such other person when the said agreement was so re-
turned to the said complainant, make any and what decla-
ration as to the value that the said agreement would be of
to the said complainant if he knew how to use the same, or
to any such or any other and what effect ? And whether or
no when you first called at the house of the said complain-
ant as aforesaid, and had any conversation with the said
complainant respecting any such agreement as aforesaid, or
when you or such other person took away such agreement
as aforesaid, had the treaty for the purchase of the said

public-house called the by the said defendant T. R.C.

been entered into with the said defendant I. D. ? Or if en-
tered into, had the same been concluded, or if concluded,
had the purchase-money for the said house been paid by

INTERROGATORIES.

'209

the said T. R. C. as you know or believe ? Set forth the
particulars at large according to the best of your knowledge
remembrance and belief, and the truth declare.

Lastly. [ The concluding general interrogatory ; see p.
153, antea.^

Interrogatories to be exhibited &c. [see p. 148,
antea^

1st. [As to knowledge of the parties ; vide p. 152, ardeaJ]

2d. Did you know N.L. in the pleadings named the said
complainant's late grandfather deceased in his life-time and
for how long before his death, and when or about what time
did he die ? Declare &c.

od. Whether or no do you know and have you or not
at any and how long time known or been acquainted with
a messuage or tenement and premises situate &c. now called
or known by the name of &c. and heretofore or formerly
called or known by the name of &c. and late or heretofore
the estate of the said N. L. ? Declare &c.

4th. Whether or no did the said N. L. ever and when
in his life-time sell or dispose of the messuage or tenement
and premises in the od interrogatory mentioned or inquired
after to the said defendants or any and which of them, or
to any and what other persons or person and whom by
name, and for what sums or sum of money or for any other
and what consideration ; and were or was or not the same
or any and what part thereof by any and what deeds or
deed or otherwise and how conveyed and by whom, and
particularly whether or not by the said N. L., to such pur-
chasers or purchaser or any and which of them ? Had or
not such persons or person purchasers or purchaser or any
and which of them at any and what time before or at the
time of making such purchase or of the execution of the
conveyance of the said premises or of the payment of the
whole or any and what part of the purchase-money or con-
sideration for the same, and by what means any and what
knowledge notice or information that the title of the said
N. L. to the said messuage or tenement and premises or any
and what part thereof was defective, or that he had not full
power or authority to sell or dispose of the same or of the
inheritance thereof, or that any and what other person and

R 9,

As to witness's know-
ledge of N. L. de-
ceased.

As to witness's knaw-
ledfje of the premises
in question.

To prove that N. L.
sold the premises in
question to the de-
fendants and executed
conveyances thereof to
them, ;

and that the defend-
ants had previously
thereto notice that
N. L.'s title ivas de-
fective and that some
person claimed title
to the same premises.

2(J0

INTERROGATORIES.

To prove that the pur-
chasers of t lie ■premises
in question had notice
of the plaint ijfs claim
thereto previously to
the time of purchase
or payment of the
consideration-money.

To prove that the pnr-
chase-mo7iey jcas less
than the full value of
the premises, and that
an alloicance was
made thereout on ac-
count of the defective
title.

To prove declarations
by, and conversations
vAth the defendants
relative to their title
to the premises.

who by name had any right title claim or interest thereto
or therein or to or in any and what part thereof as you
know or for any and what reason beheve ? Declare &c.

5th. Whether or no had the purchaser or purchasers of
the said messuage or tenement and premises in the said 3d
interrogatory mentioned or inquired after or any or either
and which of them at any and what time before or at the
time of making such purchase or executing the conveyance
of the said premises or of the payment of the whole or
any and what part of the purchase-money for the same and
by what means any and what knowledge notice or informa-
tion that the complainant had any and what right title claim
or interest thereto or therein or to or in any and what part
thereof? Declare &c.

6th. Whether or no was the price or the sum of money
paid by the said purchasers or purchaser of the said mes-
suage or tenement and premises as in the said preceding
interrogatory is mentioned and inquired after the full or
utmost price or value thereof, or was or not the same and
for what reason less and by how much less than the full
value thereof in case a good title could have been made
thereto to such purchasers or purchaser ? Were or not the
same prem.ises purchased for some and what sum of money
less than the real and full value thereof on account of
some and what defect in the title of the vendors or vendor
thereof and whom by name in the title thereto or therein,
or was or not some and what deduction or allowance made
out of the purchase-money for the same or such or some
and what other account ? Declare &c.

7th. Whether or no did you ever and when on any and
what occasion hear the said defendants or any and which
of them say or declare any thing and what touching or con-
cerning their or any and which of their right or title to the
aforesaid messuage or tenement and premises or any and
what part thereof or any defect therein, or touching or con-
cerning the right title interest or claim of any and what other
persons or person and whom by name thereto or therein?
Set forth all and every the particulars and when and where-
and before whom or in whose presence or hearing and upon
what occasion the same or any of them were or was made ;
Had you or not ever and when any and what conversation
with the said defendants or any and which of thsm touching

INTEUROGATORIES.

2G1

their or any and which of their right or title to the aforesaid
premises or any and what part thereof? Declare &c.

Lastly. [ The concluding general interrogatory ; vide
antea, p. 153.]

Whether or no were you at any time or times and when
previously to the agreement between the said complainant
and the said defendant respecting the purchase by the said
defendant of the house and premises of the said complain-
ant at present at any conversation or conversations

which passed between the said complainant and the said
defendant upon the treaty for the said purchase ? If yea,
Set forth the particulars of such conversations and what was
said therein by the said complainant to the said defendant
respecting his title to the said premises ; and v/hether any
thing and what was said by the said complainant to the said
defendant as to the title to the newly-inclosed ground in
front of the said premises ; Set forth all and every the
matters and things aforesaid according to the best of your
knowledge remembrance information and belief.

Whether or no at any time and when after the agreement
between the said complainant and the said defendant re-
specting the said purchase, did the said defendant desire
you to communicate to the said complainant any proposal on
his part as to his being released from the said agreement?
If yea, Set forth the particulars of such proposal, and
when and upon what occasion the said defendant made the
same ; Set forth &c.

To prove the particu-
lars of a conversation
between f/ic plaintiff
and defendant re-
specting the title of
the plaintiff to a
house and ground pre-
viously to the agree-
ment entered into for
purchase.

To prove a proposal
made by the defend-
ant to be released from,
his contract for pur-
chase.

Whether or no had you at any time and when previously

to the making of the agreement of the day of in

the pleadings in this cause stated, and upon what occasion
any and what communication with the said complainant as
to the title of the said defendant to the premises comprised
in the said agreement ? And did the said complainant at
any time and when and upon what occasion previously to
the making of the aforesaid agreement, state to the said
defendant or to you or to any other person and whom as
the solicitor or agent of the said defendant that there ex-
isted any and what objection;: to the title of the said de-

To prove that previ-
ously to the agreement
for furchase witness
communicated ivith
the plaintiff as to
the defendant's title,
and that the plaintiff'
stated that there ex-
isted objections to the
title by reason that
certain persons claim-
ed an interest in the
prenuses ;

2(}'2

INTERROGATORIES.

also to prove what
icas the plamtiff'^s ob-
ject in makiiiy such
objections.

fendant to tlie saitl premises, and in particular any and what
objections by reason that one R. B. had not joined in the
conveyance of the said premises to the said defendant, or
any and what objections by reason that one A. S. claimed
to have some right or interest in the said premises, and for
what purpose did the said complainant state the said ob-
jections to the title of the said defendant to the pi*emises,
and had the said objections any and what effect as to the
price which the said defendant agreed to accept from the
said complainant for the said premises ? Declare &c.

To prove that the de-
fendant has sold part
of the premises in
question and at what
price.

To prove that ivitncss
as auctiomer sold an
estate, and the plan
produced at the time
of sale.

To prove that wit-
71CSS was employed as
auctioneer to sell an
estate and that he
prepared the plan
thereof referred to in
the adveriisements,
and that the same was
left open to the in-
spection of persons
desirous to purchase.

Did or not J. A. the defendant in the title to these inter-
rogatories named, at any and what time sell to any and
what person or persons by name any and what part of the
premises in the last interrogatory mentioned ? If yea, Set
forth for what price, and what sum or sums of money the
said defendant received as the consideration thereof; De-
clare &c.

* Did you at any time and when act as an auctioneer and
put up to sale by auction the estate in the pleadings in this
cause mentioned, and was or not the said estate sold in
lots, and did you or not at the time of such sale and before
the putting up of any of the lots produce some and what
plan or particular of the said estate, and did you at or
before the said sale make any and what declaration con-
cerning the lots so to be put up to sale or concerning the
plan or particular of the said estate ? Declare &.c.

* Were you at any time and when and by whom and on
whose behalf employed to sell by public auction or otherwise,
a certain freehold estate situate &c. in the jDleadings of this
cause mentioned ? If yea, Did you prepare or cause to be
prepared any plan or particular of tlie said estate, or was
any plan or particular of the said estate prepared ? If yea,
Where was such plan or particular left, and was the same
open for the inspection of persons who might be desirous of
buying the said estate or any part thereof? And was the
sale of the said estate advertised, and was any and what
plan or particular referred to in such advertisement, and
were or not the respective lots marked or described in such
plan or particular? Declare 8cc.

INTERROGATORIES.

2G3

* Dill you know J. O. late of deceased, in his life-
time, and for any and what length of time previously to
his decease ? Was he or not at any time in the service or
employ of the said Bristol Dock Company ? If yea, In what
station or capacity and for what length of time M'as he so
employed by the said Bristol Dock Company ? Declare &c.

Whether or no have you now and have you for any and
what time had any and what situation or office, situations
or offices in or about his Majesty's Treasury, or connected
with the business thereof, and whether or no have you by
means of such office or situation, or by any other and what
means had any opportunity to become acquainted, and are
you in any and what degree acquainted with the duties em-
ployment and profits of the Treasury messengers? De-
clare Sec.

Whether or no were you intimately or otherwise and how
acquainted with F. G. and A. B. who were lately two of the
said Treasury messengers but are now deceased, and for
how long did you severally know them, and what was the
situation of the said A. B. before he was appointed a Trea-
sury messenger, and was he before such appointment a
person of property, or reputed to be a person of property,
or how otherwise ? Declare &c.

Whether or no had you any and what relation or con-
nection who was a Treasury messenger at the same time
with the said F. G. ? And if yea, Did the said F. G. receive
the monies which were due to such your relation or con-
nection in his employ of messenger, in the same manner
as he received the monies due to the said A. B., and did
the said F. G. from time to time pay over to such your
relation or connection the monies which he received from
him, or what was the state of the accounts between them
at the death of the said F. G. ? Declare &c.

To prove that a de-
ceased person icas in
the defendant s ser-
vice, and in what ca-
pacity.

To prove what situ-
ation ivitness holds in
his Majesty's Trea-
sury, and his know-
ledge of the duties
and profits of the
treasury messengers.

To prove what situ-
ation a person held
before he was ap-
pointed a treasury
messenger, and whe-
ther he was reputed
to be a man of pro-
lierty.

To prove that tvitness
had a relation who
was employed as a
treasury messenger,
that another tnessen-
ger received the mo-
nies due to him, and
what icas the state
of accounts betiveen
them at the decease
of such person.

* Whether or no did you know or were you acquainted rp^ ^^.^^^^^ ^j^^ ^^.^^,^ ^j

with S. D. of , deceased (in the pleadings of this « person, and when

cause named) in his life-time? If yea. When and where f'st, and how long

did he dief And for how long time did you know him or :]'"-r;°:!"X»

were you acquainted with him before the time of his death . ^,.^.^^ ^^^^ ,^Yt what ca-

264

INTERROGATORIES.

pacify witness lived
with him, and the
circumstances and si-
iiiation in life of
the deceased during
the respective periods
that ivituess was ac-
tjiiaintcd with him,
mid lived in his ser-
vice.

And when and wliere did you first know or become ac-
quainted with him, and for how long time or to what time
did you continue acquainted with him ? Did you or did you
not Hve or reside with the said S. D. in his life-time ? If
yea, When and where and for how long time and in what
rank station or capacity did you live or reside with or serve
the said S. D. in his life-time? And in what circumstances
and situation in life at the time when you first knew or be-
came acquainted with the said S.D. and from time to time
during the time tnat you knew orv/ere acquainted with him,
was the said S. D., and in what circumstances and situation
in life at the time when you first lived or resided with or
served the said 8. D. and from time to time during the
time you lived or resided with or served him was the said
S. D. ? Declare accoiding to the best of your knowledge
remembrance and belief, together with the grounds or
reasons on which yoiu* belief is founded.

To prove within what Whether or no do you know and for how long have you

parish two pieces of known two pieces of land called the forty acres, which are

land are situate, or
reputed to he situate,
and to what jnirish
the poor's rates or
tithes have been paid.

now in the occupation of R. B. of the said parish of W.
farmer ? If yea, Within what parish are the said pieces of
land situate as you know or for any and what reason or
reasons believe, and whether or no have you ever and
Vi'l)en heard from any person or persons and whom who
are now dead within v/hat parish the said two pieces of
land are situate ? And whether or no do you know to what
parish the poor's rates or tithes have been paid for the
said two pieces of land, and when and by whom and to
whom ? Declare &.c.

To prove a survey Whether or no did you ever and v.hen and by whose
7nade oj an estate, employment make a survey and admeasurement of certain
lands called the S. situate in the parish of C. in the county

of ? If yea, Of wiiat number of acres do the said

lands consist ? Declare ccc.

and of what nnmbcr
if acres it consists .

INTERROGATORIES.

(S65

Whether or no did the said defendants or either and
which of them, or any and what person or persons on their
or either and which of their behalf, at any times or time
and when, or about what times or time particularly, and

whether before or after the day of , tender or

offer to pay or satisfy unto any and what persons or person
any and what sums or sum of money in or towards dis-
charging any and what legacies or legacy given by the will

of ? Were or was or not any and what securities or

security, and from and to whom, for payment of any and
what sums or sum of money, produced and by whom at
all or any and which of such times ? Did the persons to
whom such, if any, tender was offered or made at any or
either and which of such times agree or refuse to accept
the money or other satisfaction so offered, and how and in
what manner did he she or they at such time or times ex-
press or declare him or herself or themselves relating
thereto ? Declare &c.

To prove a tender of
money or of securities
in pai/ment or dis-
charge of legacies,
and whetker the same
was accepted or re-
fused, and ichat pass-
ed relative thereto.

Interrogatories to be exhibited &c. [see p. 149,
anteal wherein D. C. is complainant andT. W.
and L. W. are defendants, on the part of the said
complainant.

I 1st. Do you know the parties complainant and defend-
ants in the title of these interrogatories named, or any or
either and which of them, and how long have you known
them respectively? And do you know the vicarage and pa-
rish of C. in the county of W. and chapelry of L. N. in
the same county ? Is or is not the said chapelry annexed
to the said vicarage or parish, or is the same reputed so to
be, and how long time hath the same been or been reputed
so to have been ? Declare &c.

2d, [ To prove the institution and induction of the j)lain-
tiff; see the 2d interrogator^/ in p. 220, antea.^

3d. Who is or are reputed to be rector or rectors of
the said parish of C. and of the said chapelry of N. L. ?
Who is or are or who is or are reputed to be entitled to
the tithes of all kinds of titheable matters and things other
than corn grain and hay arising from lands within the said

f parioli or chapelry, or the satis-faction for the same, whe^

To prove a knowledgk
of the parties and of
the vicarage and cha-
pelry, and that the
latter is annexed or
reputed to be annexed
to the vicarage.

To prove who is rec-
tor of the parish, and
who is entitled to the
tithes arising zvithiu
the parish or chapelry
except of corn, grain,
and hay.

20G

INTERnOGATORIES.

To "prove the parlu
culars of the lands in
the occupation of the
defendants, by some
person resident with-
in the vicarage or
near thereto.

To prove whetltcr
tithes are payable in
kind of all titheable
matters except corn,
grain, and hay, or a
composition in lieu
thereof.

Toprove ivhat yearly
sums have been paid
by the occupier of the
defendant's lands or
any of them in lien
of tithes, except of

tlier tlie rector or tlie vicar of the said parish &c. ? Have
the tithes of all or any and which of the several kinds of
titheable matters and things other than corn grain or hay
been from time to time delivered to one or which of
them the vicar or rector aforesaid, or to whom in par-
ticular hath satisfaction for the same been from time to
time paid, or is it reputed that such tithes have been de-
livered or that such satisfaction hath been made ? De-
clare &c.

4th. Whether or no have you for any and how long time
lived within or near and how near to the said vicarage or
parish of C. or the said chapelry of N. L. ? Have or hath
not the defendants or any or either and which of them
during all or any and what part of the time since the month

of , occupied any and what lands situate or lying within

the said vicarage or parish of C. or the said chapelry of
N. L. and which of them in particular ? Have you or not
for any and how long time known all or any and which of
such lands '? If yea, Set forth and describe the particulars
thereof so occupied by each of them ; Declare &c.

5th. Whether are the tithes payable in kind or reputed to
be payable in kind of or for all or any and what kinds of
titheable matters and things other than corn grain and hay
arising on and from all or any and which of the lands in
the occupation of the defendants T.W. and L.W. or either
and which of them within the said parish of C. or the said
chapelry of N. L., or is or are any and what certain or other
sum or sums of money payable or reputed to be payable
by the owners or occupiers of all or any and which of such
lands, and when and to whom and in what manner, for or
in lieu of the tithes of all or any and what kinds of tithe-
able matters and things arising on or from all or any and
which of such lands ? If any such sum or sums of money
is or are so payable or reputed to be payable for or in lieu
of the tithes of all or any titheable matters or things aris-
ing on or from all or any and which of such lands, how
long hath or have the same or is it reputed that the same
hath or have been payable? Have you or not &c.

6th. Whether or no hath or have any and what yearly
or other sum or sums of money been constantly or other-
wise and how from time to time paid by the owner or occu-
pier of all or any and which of the lands in the occupation
of the defendants T. W. and L. W. or either and which

INTERROGATORIES.

2(>7

of them situate or lying within the said parish or cliapelry
and to whom and for whose use and for how long time for
or in lieu of the tithes of or for any and what kinds of the
titheable matters and things other than corn grain and hay
wliich have arisen on or from all or any and which of such
lands ? If yea, Under what name or names denomination
or denominations hath or have each and every or any or
either and which of such payments been from time to time
made and accepted and in general considered as made and
accepted, whether as an ancient established certain and in-
variable modus or moduses and as being due and having
been payable from time whereof the memory of man is
not to the contrary and as the full and whole of what the
vicar of the said parish was by any means entitled to for or
in lieu of the tithes of such titheable matters and things
respectively arising on such lands respectively or as tempo-
rary compositions only or under particular agreements
from time to time made with the vicar of the said parish
for the time being? Have or not tithes been delivered or
is it reputed in the said parish or chapelry or the neigh-
bourhood thereof that tithes have been delivered in kind
and how often and when and about what times or time and
by whom and to whom and from whom of or for all or any
and what kinds of titheable matters and things other than
corn grain and hay, which arose on or from all or any and
which of such lands ? Have or not the sums or sum of
money which have or hath been from time to time paid for
or in lieu of the tithes of all or any and which of such
matters or things other than corn grain and hay arising
on or from all or any and which of such lands been at any
and what time or times and how often and in what manner and
on what occasion altered or varied ? Have you or not &c.
7th. Whether or no are the whole or any and what parts
of tlie lands lying within the said chapelry of N. L. com-
monly called oxgangs of lands divided into oxgangs,
or estimated with respect to their quantity as being any
particular number of oxgangs, or is the term " oxgang "
otherwise and how made use of or applied to all or any
and which of such lands? Whether are the tithes pay-
able in kind or reputed to be payable in kind of or
for all or any and what kinds of the titheable matters
and things other than corn grain and hay arising on
or from all or any and which of the lands lying within

corn, grain, and hay,
and under what names
made and accejtted,
and whether as mo-
duses or as temporari/
compositions only ;

also to prove the ge-
neral reptitation as to
whether tithes have
been rendered in kind
and of what titheable
matters except as
above,

and whether the S7ims
paid in lieu of tithes
except as above have
or not varied.

To prove whether the
whole or what parts
of the lands within
the chapelry is or are
divided into oxgangs,
or to what lands suck
term is applied ;

also to prove whether
tithes are payable in
kind or reputed so to
be of all titheable
mutters except corn

268

INTERROGATORIES.

grain and hay aris-
ivg from the lands
called or estimated by
the number of ox-
gangs.

To prove what yearly
sums have been paid
by the oivners of all
lands called or esti-
mated by the number
of oxgangs.

the cliapelry of N. L. which are commonly called oxgangs,
and which are generally estimated by the number of ox-
gangs or to which the term " oxgang " is generally applied,
or is or' are any and what certain or other sums or sum of
money &c. [take the 5th interrogatory from these words to
the ejid.]

8th. Whether or no hath or have any and what yearly
or other sum or sums of money after any and what parti-
cular rate per oxgang or by any and what other particular
quantity or how otherwise, been constantly or otherwise and
how from time to time paid by the owners of all or any part
of the lands in the said chapelry of N. L. which are com-
monl}' called oxgangs, or which are generally estimated by
the number of oxgangs, or to which the term "oxgang"
is generally applied, and to whom or for whose use, &c.
^takc the 6th interrogator?/ from these words to the end.^

To prove that the
tithes of certain tithe-
able matters have been
rendered to the vicar
as small tithes, and
any instances of the
same, and the general
reputation relative
thereto.

To prove the custom
in the pai-ish as to
certain tithes, and
ichether rendered as
great or small tithes,
and any instances of
either kind.

* Do you know any thing concerning the tithes of the
said parish of O. or of any of the parts or places therein
and which of them, and particularly concerning the tithes
of turnip seeds clover seeds and grass seeds arising grow-
ing renewing and increasing within the said parish or any
of the parts or places thereof, and what do you know con-
cerning the same ? And do you know or remember any
and what instances of the tithes of turnip seeds clover seeds
and grass seeds having been taken or received by or ren-
dered to the vicar of the said parish for the time being and
whom by name as small or vicarial tithes or in any other
and what rigiit, and when and by whom were such tithes
paid or rendered ? And were or not such tithes generally
esteemed and considered in and throughout the said parish
to belong to and be the right of the vicar of the said parish
for the time being ? Declare &c.

* What is or has been the usage or custom in the said
parish with respect to the tithes of turnip seeds clover seeds
and grass seeds and to whom have the same or any and
which of them been rendered, and whether to the vicar or
rector of the said parish or to any and what other person
or persons, and whether as a great or rectorial or as a small

INTERROGATORIES.

209

6r vicarial tithe or how otherwise, and what instances do
you know of either and which of them ? Declare &c.

* Did you at any time and when by the order and direc-
tion of the said defendant give to the said complainant any
and what notice of the time of the said defendant's digging
up any potatoes in the said parish of B. during the years

? And if yea, Set forth when and to whom you gave

such notice; Did or not the said complainant attend the
digging up of such potatoes or take away the tithe thereof
or why did he not take away such tithe ? Declare &c.

* Do you or not know of any and what tithe having been
s^t out by or by the order of the said defendants in the
parish of B. in the pleadings of this cause mentioned in

and during the years ? And if yea, Set forth what

particular articles or species of tithe were or was set out
for the said complainant by the said defendant in the said

parish of B. during the said years as you know or

beheve ? And did or not the said complainant remove re-
ceive and take away all or which of the articles so set out
for tithe, or did he refuse to take or did he leave any and
which of them, and were such tithes fairly set out, or how
otherwise? Declare &c.

* Did you at any time and when for and on behalf of
the defendant or by his order or direction make any tenders
or tender to the said complainant of any and what sum of
money for or on account of any and what tithe in the parish

of B. during the years

If yea, Set forth what sum

of money you so tendered at such time or times respectively,
and on what account, and did or not the said plaintiff ac-
cept such tender ? Declare &c.

* Did you at any time and when pay to the said complain-
ant for or on behalf of the said defendant or by his order
and direction any and what sum of money for or in lieu
or in respect of any and what tithes accruing due in the

said parish of B. during the years or one and which

of them ? If yea. Set forth what sum or sums of you so
paid and when and on what particular account.

To prove notice given
to the plaintiff' of the
time of digging up
certain titheable ar-
ticles, and whether he
attended and took
away his tithe thereof.

To prove tithes hav-
ing been set out for
the plaintiff, and
whether he removed
or refused to take the
same away.

To prove a tender
made to the plaintiff
on behalf of the de-
fendant in respect of
certain tithes.

To prove payment to
the plaintiff on be-
half of the defendant
in respect of certain
tithes.

270

INTERliOGATORIES.

To -prove payment in
respect of the defend-
ants tithes,

and also applications
made on his behalf by
witness to admit him
to pay during a par-
ticular year the same
annual composition as
the other occupiers of
land.

To prove payment of
what became due from
the defendant for his
tithes, whether the
sums paid %cere com-
puted according to
certain exhibits, and
whether such pay-
ments were made by
drafts or in money,
a?id by the defend-
anfs instructions.

To prove whether the
plaintiff desired ivit-
ness to inform the de-
fendant that witness
could not be permitted
to sign the annual
agreement on his part,
but that he must set

Whether or no did you ever and when pay to the saici
complainant any and what sums or sum of money in respect
of the tithes of the said defendant in the parish of B. for

the years or ■ • or either and which of such years,

and whether or no by the instruction or direction of the said
defendant or how otherwise ? And whether or no did you
at the time of such payment or payments or any of them
or at any other time or times and when request or apply
to the said complainant to admit the said defendant for the
year into the annual agreement that the said complain-
ant was in the practice of making with the occupiers of land
in the parish of B. or some of them by way of composition
for their tithes in the said parish, or make any request or
application to the said complainant to any such and what
effect ? And whether or no did you make such request or
application by the instruction or direction of the said de-
fendant, or did you previously inform him or intimate to him
that you would make such request or application on his
part, or did you at any time and when first afterwards in-
form him thereof, and did he approve thereof, or how
otherwise ? Set forth &c.

Whether or no did you at any time or times and when
respectively pay to the said complainant the sums which
became due from the said defendant for his tithes in the

said parish of B. for the years and or either and

which of them? And whether or no was or were the sum or
sums so paid by you computed according to the said paper-
writings and agreements marked (A ) and ( B) or either and
which of them as you for any and what reason know or
believe ? And whether or no did you make such payment or
payments by any draft or drafts of the said defendant or
in what manner, and whether or no with the monies of the
said defendant, and whether or no by his instructions or
dii'ections or with his knowledge or approbation, or how
otherwise ? Set forth &:c.

Whether or no did the said complainant at the time you
made the payment for the tithes of the said defendant for

the year request you to inform the said defendant that

he could not permit you to sign on his part the annual

agreement for the year but that the said defendant

must set out his tithes in kind, or to any such and what

INTERROGATORIES.

271

effect, and whether or no did you so inform the said de-
fendant, and if not, why ? Set forth &c.

out his tithes in kind,
and whether witness
so injortncd defend-
ant.

* Did or not the said F. E. in the pleadings in this cause
named in his hfe-time and from and up to what time in
particular carry on any and what trade or dealing and in
what sort of merchandize ? Declare &c.

To prove a deceased
person having been
a trader within the
vieaniny of the bank-
rupt laws.

Of what trade or profession are you ? Do you know the
copyhold premises in the pleadings in this cause and in the
5th interrogatory mentioned, and how long have you known
the same ? Of what annual value were the same when J. A.
the defendant in the title to these interrogatories named
first took possession of the same as you know or for any
and what reason believe? Of what annual value are the
same now, and particularly what is the annual value of such
part thereof as remains in the possession of the said J. A.?
Declare &c.

* Are you not acquainted with the parish of W. and the
rectory of W. described in the particular of the estate in
the pleadings of this cause mentioned ? If yea, Do you
or not know and by any and what means what was the
value of the advowson of the said rectory on the 4th of
October 1821, and how do you calculate and make out
such value ? Declare &c.

Whether or no were you at any time and when employed

by to estimate the value of the estate and premises

described in the printed particular of sale marked (A) now
produced &c. ? If yea, Did you form your estimate of
the value from any actual survey and admeasurement or
from any and what other information respecting the quantity
of lands to be sold, and in particular in forming such valu-
ation at what quantity did you compute certain lands part

of the said estate called the ? And whether or no

should you in any and what manner have reduced the esti-
mate of the value of such estate and premises if you had

known the said lands called the contained a less

number of acres than they were so computed at by you ?

To prove the annual
value of premises at
the time the defendant
took possession, and
also their present
value.

To prove the value of
an advowson.

To prove the esti-
mated value of an
estate ;

at what quantity wit-
ness computed certain
lands, and in what
degree it would have
reduced the estimate
if the witness had
known that certain
lands contained less
than they were com-
puted at.

•272

INTERROGATORIES.

To prm-e the valu-
ation of the reversion-
ary inteiest iti houses
after the expiration
of existing leases pre-
riovsly to the sale
thereof, that the va-
luation of one lot
exceeded another lot
containing the same
number of houses and
let at the like yearly
rents, and the reason
of such difference.

* Did you previously to the time of the sale of the es-
tate in the pleadings of this cause mentioned make any and
what estimate of the value of the reversion of the said
houses or lots after the expiration of the leases under which
the said houses were held ? And if yea, How did you make
such estimate or valuation, and was or not in particular the
valuation of lot 10 or the houses comprised in such lot
higher than the valuation of some other lot containing the
same nvunber of houses and let at the same rents, and what
was the reason of such difference in the valuation of such
reversion? Declare &c.

To prove the can-
celling of a will.

* Do you know whether the saidT. M. in the 1st interro-
gatory named ever and when and in whose presence can-
celled any will or testament made hy him and of what date
in particular ! And if yea. Were you present at the time,
and did the said T. M. inform you or make any declaration
why he cancelled such will or testament ? And set forth the
particular words or declarations used or made hy the said
T. M. as the reasons for his cancelling such will or testa-
ment as nearly and fully as you can recollect the same ;
Declare &c.

[To prove the execution of iv ills, see p. 211, antea.^

[ 27.1 ]

SECT. III.

FORMS OF INTERROGATORIES FOR THE EXAMINATION OP
PARTIES, AND ALSO FOR THE EXAMINATION OF CREDITORS
AND THEIR WITNESSES, AND OTHERS, UNDER DECREES
AND DECRETAL ORDERS.

Interrogatories for the examination of the per-
sonal representatives of an admmlsirator as to his
intestates estate and effects exclusive of his share
in a partnership business, and also as to the debts
which were owing by the intestate.

Between &c.

Interrogatories to be exhibited &c. [ For a
form of title, vide antca, p. 149.]

1st. Whether or no was R. P. the intestate in the plead-
ings in this cause named at the time of his death possessed
of or entitled to any personal estate and effects other than
and besides and exclusive of his part share or interest in
the copartnership trade and business in the pleadings in
this cause mentioned, and the stock and effects belonging
thereto ? If yea, Set forth a full true and particular in-
ventory and account thereof and all the particulars whereof
the same consisted, and the full true and utmost value
thereof, and all the particulars thereof whicli were pos-
sessed by you or any and which of you and by any other
person or persons by your or any and v^hich of your onler
and for your or any and which of your use, or by the said
late defendant T. P. or any other person or persons by his
order or for his use in his life-tiir.e, and how and in v»hat
manner the same were and have been applied or disposed
of, and also an account of all and every sums and sum of
money received by sale or on account of the said intestate's
personal estate and effects other than and independent of or
distinct from his share interest or concern in the copartner-
ship trade or business in the pleadings in this cause men-
tioned or the stock or effects belonging thereto, or other-

VOL. II. S

274

INTERROGATORIES FOR THE

wise on account of the said separate personal estate and
effects of the said intestate, and when by whom and of
whom for what and on what account or accounts the same
and every part thereof were or was so received, and whe-
ther any and what part or particulars of the said separate
personal estate and effects of the said intestate remains
or remain outstanding or unreceived.

2d. Whether or no was the said intestate R. P. at the
time of his death separately indebted to any persons or
person besides or exclusively of the debts owing from him
as a partner in the aforesaid copartnership concern or
business ? If yea. Set forth a full true and particular ac-
count of all and every such debts ; Have yovi or not or
have or hath or not any and which of you or any persons
or person by your or any and which of your order or on
your or on any and which of your behalf paid laid out
or expended, and did the said late defendant T. P. or any
other person or persons by his order or on his behalf in his
life-time pay lay out or expend any and what sums or sum
of money in or towards the discharging of all or any and
which of such debts or of the funeral expenses of the said
intestate R. P. ? If yea, Set forth a full just true and par-
ticular account of all and every such sums or sum of money,
and when and by whom and to whom and for what or on
what account or accounts the same and every part thereof
were or was so paid laid out or expended.

An interrogatory for the examination of an agent
or steward.

To prove whether the
examinant rvas em-
powered by the testa-
tor to let and sell his
freehold and lease-
hold estates and to re-
ceive the rents there-
of

Also to prove the par-
ticulars of such es-
tates, how long the
examhiant has been in
p055esi>icit njnvy part.

Whether or no were you in the Hfe-time of the said tes-
tator T. D. and for how long time before his death em-
powered by him or any other person and whom to let and
sell all or any and what part of the freehold and leasehold
estates of the said testator and to receive the rents and
profits thereof, or do you otherwise and how know of what
freehold or leasehold estates the said testator died seised
or possessed or entitled unto? If yea. Set forth a full
true and just rental description and particular thereof,
and vrhei e the same and every part thereof are situate, and
tlic yearly value ol' each particular thereof, and in whose

EXAMINATION OF PARTIES AND OTHERS.

27^

tenure or occuparion the same and every part thereof then
was or since has been and now is, and under what leases
or terms of years, if any, and at what yearly or other rent
or rents ; And set forth for how long time you have been
in possession or receipt of the rents and profits of such
freehold and leasehold estates or any and what part thereof,
and by what right and title and for whose use ; And also set
forth a full true and particular account of all and every
sum and sums of money which have been received by you
or any other person or persons by your order or for your use
for or in respect of the rents and profits of the said estates
or any part thereof which have or hath become due since
the death of the said testator, and what and by whom and
for whose use and for what rent and of what part of the
said estates and when due all and every such sums were
respectively received, and whether any and which of such
rents and profits are now in arrear, and if so, why ; And
also set forth a full true and particular account of all
and every the sum and sums of money which have been
from time to time paid and disbursed by you since the
death of the said testator for or on account of the said
freehold and leasehold estates of the said testator, and
when and to whom and for what all and every such sums
were respectively paid and disbursed ; Set forth &c.

what rents have been
received by him and
what remain in arrear,
and also as to what
monies have been ex-
yended on the estates.

Interrogatories for the examination of a de-
fendant before the Master, to jyrove the number
and age of her children and when ba2itized.

Between B. B. and others, Plaintiffs,
and
T. A. and others, Defendants.

Interrogatories exhibited on behalf of
the plaintiffs before J. S. IJ. esq. Sec.

1st. Whether or no were there any children living of the
marriage between you and your late husband W. A. in the
pleadings in this cause named at the time of his death, and
what were their respective names, and when and where were
they severally born, and are or is any or either and which
<if them since dead, and when did he she or they die ?

s i>

276

INTERROGATORIES FOR THE

2cl. Whether or no were they or any or either and which
of them at any time or times and when and where and by
whom baptized, and whether or no were or was any entries
or entry at any time or times and when made in any re-
gisters or register of any and what parish church or
churches or chapels or chapel or other places or place as
to the birth and baptism of all or any or either and which
of them ?

Interrogatories for the examination of creditors
and their witnesses.

Between A. B. and C. D. Complainants,
and
E. F. and G. H. Defendants.

Interrogatories exhibited by the com-
plainants before W. G. esq. one of the
Masters of this honorable court, for the
examination of the creditors of T.H. esq.
deceased in the pleadings in this cause
named and of their witnesses, in pur-
suance of the decree and order of this
court made on the hearing of this cause
on the 8th day of March 1781.

To prove the debts
due to the exaininants
at the time of the in-
testates death, and
ichethcr any part
t/iercof has been satis-
fed.

To prove what monies
are due on mortgages
or other securities and
the partic^dars there-

* 1st. Was the said T. H. in his life-time and at the
time of his death indebted to you in any and what sum or
sums of money on any and what account, and have you or
have you not at any time or times and when and from whom
received any and what satisfaction for the same or any part
thereof, and is the same and every or any and what part
thereof still justly due and owing to you ? Declare &c.

* 2d. Was the said T. H. in his life-time and at the time
of his death indebted to you in any and what sum of money
for principal and interest due to you on mortgage or other
security or securities made from him to you, and when does
or do such mortgage deed or other security or securities bear
date, and for what consideration was or were the same made
and by and before whom and when executed, and who is
or arc tlic subscribing witness or witnesses to the execution

EXAMINATION OF PARTIES AND OTHEKS.

277

thereof, and have you or have you not or any other person
and who on your account or behalf and when received such
principal money and interest or any and what part thereof,
as you know have heard and beheve ? Declare See.

* 3d. Was the said T. H. in his life-time and at the time
of his death indebted to you in any and what sum or sums
of money on any and what judgment, and when was the same
confessed or recovered by you or whom else in any and
what court against the said T. H., and have you or have you
not or any other person and who on your account or behalf
or on any other account and when and from whom received
any and what satisfaction for the same or any and what
part thereof, and is the same and every or any and what
part thereof still justly due and owing as you know and
do believe ? Declare &c.

* 4th. Was the said T. H. in his life-time and at the
time of his death indebted to you in any and what sum or
sums of money on any and what bond or other security
made and entered into by him to you or any other per-
son or persons and whom by name, and when was the
same so made and given and for what consideration or on
what account and in what penalty, and what was the consi-
deration thereof, and when does the same bear date, and
hath or hath not the same been and when paid off and
discharged, or is any and what part thereof still justly due
and owing to you or whom else on the said bond as you
know have heard and do believe ? Declare &c.

* 5th. Was the said T. H. in his life-time and at the time
of his death indebted to you in any and what sum or sums
of money on any and what promissory or other note, and
when and for what consideration was the same so made or
given or indorsed to you or whom else by the said T. H. and
what is the date thereof, and hath or not the same and
every or any and what part thereof been and when paid off
and discharged, or is the same or any and what part thereof
still justly due and owing to you or whom else as you know
have heard and believe ? Declare &c.

* Gth. Was the said T. H. in his life-time and at the time
of his death indebted to you in any and what sum or sums
of money on any and what book debt or debts for any and
what goods sold and delivered by you to him or by his order
or for his use or on his account, and at what particular time

To prove what monies
are due on judgnunt,
and when such judg-
ment was confessed.

To prove what monies
are due on bond.

To prove what monies
are due on promissory
notes.

To prove what is due.
for goods sold and
delivered.

278

INTERROGATORIES FOR THE

To prove ichut is due
for ivork and labour.

To prove ivhat is due
to the deceased's soli-
citor.

To prove the execu-
tion of bonds and
other exhibits by the
subscribincj ivitncsscs.

or times were the same so sold and delivered by you to liini
or by his order or for his use, and what was or were the
particular or particulars thereof, and hath or have or not
the same or some and what part or parts thereof been and
when paid off and discharged, and is or are the same and
every or any and what part or parts thereof still remaining
justly due and owing thereon? Declare &;c.

* 7th. Was the said testator T.H. in his life-time and
at the time of his death justly and truly indebted to you in
any and what sum or sums of money for work and labour
done and performed by you and your journeymen and ser-
vants or any of them and for materials and things found
and provided by you and used in and about such work
for the said T. H. or by his order, and when where and at
what place or places ? And have you or have you not or any
other person or persons and who on your account or behalf
or on any other and what account and when and from
whom received any and v»'hat satisfaction for the same or
any and what part thereof, and is the same and every or
any and what part thereof still justly due and owing to you
or whom else as you know and do believe ? Declare &c.

* Sth. Was the said T. 11. in his life-time and at the time
of his death justly and truly indebted to you in any and
what sum or sums of money for business done by you, and
for your fees and for money necessarily paid laid out dis-
bursed and expended by you and when for him or on his
account or behalf in any and what business, and have you or -
have you not or any other person or persons and who on
your account and behalf or on any other and what account
and from whom and when received any and what satisfac-
tion for the same or any and what part thereof, and is the
same or any and what part thereof still justly due and
owing to you or whom else as you know or do believe ?
Declare &c.

* yth. Was or were the bond or bonds or other writing

or writings marked now produced and shown to you

at this the time of your examination or any and which of
them signed sealed or executed in your presence and by
whom? Were you or not a witness to the signing sealing
or executing such bond or bonds or other writing or writ-
ings or any and which of them ? Is your name set or
subscribed as a witness to the same respectively, or any

EXAMINATION OF PARTIES AND OTHERS.

279

and which of them, of your own proper hand-writing, and
is or are the name or names of the other subscribing wit-
ness or witnesses thereto of his their or any and which of
their own proper hand-writing or not? Declare all that
you know or believe concerning the same.

Interrogatories for the examination of a person
claiming to be a creditor, to jifove the actual
consideration of a bond, and under what cir-
cumstances the same was executed; also as to
loans of monies in the examinanfs charge stated
to have been lent, and as to an agreement made
with him for the passage of a woman and two
cMldren on board a vessel.

Between B. M. widow, and others, PlaintiiFs,
and
B. N. and others, - - Defendants.

Interrogatories exhibited on behalf of
the said defendants before J. S. esq. one
of the Masters of this honorable court to
whom this cause stands referred, for the
examination of T. S. esq. who claims to
be a creditor of the testator G. S. in the
pleadings of this cause named, pursuant
to the decree made in this cause bearing
date the day of .

1st. When and where and in whose presence did
the said testator G. S. execute the bond to you for

the sum of £ in your charge mentioned, and at

what time of the day was such bond executed and was it
not after dinner, and was the said G. S. then intoxicated
or in any and what degree heated with liquor, and was
not the said G. S. addicted to drinking, and by whom
was such bond prepared, and when in particular, and
by whose directions, and what was the consideration of
such bond ; and if you allege that the consideration was
for monies advanced or paid by you to or for the use or on
the account of the said G. bJ., then set Ibrlli when and where

To prove under what
circumstances a bond
was executed, and the
consideration thereof;

Wliether t/ic obligor
was not intoxicated
at the time he exe-
cuted tlie same, and
w/iether tie liad any
occasion for tlie sum
alleged to have 1)een
lent, for tlie securing
whereof the bond was
executed.

280

INTERROGATORIES FOR THE

To prove the time
of payment of a frxm
in the examinanfs
charge alleged to he
due to him and to
have been paid over
to another person.

To prove the mode
and time of advance-
ment of other svms
in the exaviinanfs
charge stated to have
been lent.

To prove the date of
the af/reemejtt for the
passage of a icoman
ajid two children,
hoxK they were treat-
ed, and the difference
in the rate of pay-
ment for the passage
of a woman and two
children where they
are treated as com-
mon passaigers, or
where th<'y dine at
the captains table.

and in what manner and in whose presence and to whom
such monies and every part thereof were so advanced and

paid ? Did not the said G. S. pay to you the sum of £

for his passage from to before or upon or soon

after his coming on board your ship, and did not the said

G. S. bring on board with him the further sum of £

or thereabouts, or some other and what further sum as
you know or beheve, and how happened it therefore tliat

the said G. S. had occasion for the said sum of £ , and

how did he spend the same, and what did he do there-
with?

2d. When and where and in whose presence did you pay

to Mr. S. in your charge named, the sum of £ therein

mentioned, and when and where and in whose presence did
the said G. S. request you to pay the same, and when and
how did the said G. S. become indebted in the said sum
of £ to the said Mr. S. ?

3d. When and wliere and in what manner and in whose
presence did you advance to the said G. S. the sum of

£ and every part thereof in your said charge stated

to have been lent by you to tlie said testator at , and

how did the said G. S, spend the same, or what did he do
therewith ? When and where and in what manner and in
Mhose presence did you advance to the said G. S. the sum

of £ and every part thereof in your said charge stated

to have been lent by you to the said G. S. at , and

for what ])urpose did he require such loan?

4th. When and where and in whose presence was the
agreement made between you and the said G. S. for the

passage of Mrs. M. and her two children from ■ to

? Did the said Mrs. M. or her children dine at your

table on the passage, or were they not treated by you as
common passengers, or how otherwise ? And what is the
usual and customary payment for the passage of a woman

and two such children from to , v.ho are treated

as common passengers or one treated as the said Mrs. M.
and her two children were treated by you, and what is the
usual and customary payment for such a passage for a
woman and two such children who dine at the captain's
table .^

EXAMINATION OF PARTIES AND OTHERS,

281

As to the existence of a bond, and what has be-
cotne of the same; also to prove the hand-writing,
and acknowledginents or admissions made by the
oh igor.

Between &c.

Interrogatories exhibited on belialf of W.T.
and E. T. who claim to be creditors of the
said defendant, before S. T. esq. one &c. to
whom this canse stands referred, for the ex-
amination of W. L. for the proof of their
debt, pursuant to &c.

1st. Whether or no have you at any time and when
and for how long had in your custody possession or power,
or have you at any time or times and when respectively
seen in the custody possession or power of any other person
or persons and whom, a bond or obligation in writing ex-
ecuted or purporting to be executed by the present Mar-
quess of D. by his then name of Earl of B. of the date and
in the words and figures or to the purport and effect herein-
after set forth, or any other and what bond executed or pur-
porting to be executed by the said Marquess of D. by his
then name of Earl of B. to J. F. T. the wife of W. T. of
M. by her then name of B. of any other and what date, or
in any other and what words and figures, or to any other
and what purport and effect ? [Setting forth the bond.]

2d. Whether and from whom and upon what occasion
did you receive such bond or obligation if the same hath
ever been in your custody possession or power, and what
is become of the said bond, and where is the same now
or was when you last knew thereof, and to whom and
when and upon what occasion did you give up the custody
possession or power of the said bond ? Or if the said bond
hath never been in your custody possession or power, then
upon what occasion or occasions did you see the same in
the custody possession or power of any other person or
persons ; and what is now become thereof as you know or
for^any and what''reason believe ?

od. Are you acquainted with the character of the hand-
writing of the said Marquess of D., and have you ever
3een the said iMarquc£.o write, or by what other means did

To prove the exist-
ence of the bond.

To prove from whom
witness received the
same, and to whom
he delivered it, and
tchat has become of
the same.

To prove the hand-
ivriting of the sig-
7iaturc to the bond,
and of the uttcsting

'in-i

INTEHROC.ATOKIES FOR THE

wit/iess, and also the.
hand-wrUiufi of the
body of (he boiiU.

To prove, ivhethcr the
obligee in the bond
yuve authority to any
person to receive the
money due thereon.

To prove acknow-
ledgments or admis-
sions made by the ob-
ligor that he gave
the bond for the ob-
ligee's own benefit.

To prove
exhibits.

letters us

you become acquainted with the character of his hand-
writing, and whether or no do you believe that the name

" B " set and subscribed to the said bond or obhgation

was of the proper hand-writing of the said Marquess, or
if not why ; and whether or no was the name of any at-
testing witness and whom set and subscribed to the said
bond, and are you by any and what means acquainted with
the character of the hand-writing of such attesting witness,
and was such name of his proper hand-writing, and is such
attesting witness now hving or dead, and when did he die?
And do you know of whose hand-writing was the body and
condition of the said bond ?

4th. Whether or no was any instrument or other au-
thority produced to you whereby the said Mrs. T. the ob-
hgee in the said bond authorized and empowered any other
person and whom to receive the money due on the said
bond, or otherwise to discharge the same ? If yea, Set
forth the particulars of such instrument or other authority,
and what hath become thereof.

5th. Whether or no have you at any time or times and
when and upon what occasion or occasions had any con-
versation with the said Marquess of D. upon the subject of
the said bond, or have you at any time or times and when
and upon what occasion or occasions heard the said Mar-
quess of D. speak of the said bond ; and whether or no
did the said Marquess of D. upon such occasion or oc-
casions acknowledge or admit that he gave the said bond
for the proper use and benefit of the said Mrs. T. or how
otherwise ?

6th. Look upon the letters or paper-writings now pro-
duced &c. ; Of whose hand-writing are the said letters or
the signatures and superscriptions thereto respectively as
you for any and what reason know or believe ?

EXAMINATION OF PARTIES AND OTHERS.

285

Interrogatories for the examination of executors
before the Master.

Between A. B.

and
C. D. &c.

Plaintifl",
Defendants.

Interrogatories exhibited on behalf of
the said plaintiff before I. E. esq. one of
the Masters of this honorable court, for
the examination of the defendants pur-
suant to the decree made in this cause
beariiig date the day of .

Whether or no was D. W. deceased in the pleadings of
this cause named at the time of his death possessed of
entitled to or interested in any and what goods chattels
personal estate and effects as you know or for any and
what reason believe ? If yea, Set forth a full true and just
inventory and account thereof and of every part thereof
and of all the particulars whereof the same consisted, and
the quantities qualities full real and true valuations of all
such particulars ; And whether or no were all or any and
which of such particulars and to what amount and value
possessed or received by or come to the hands of you or
one and which of you or any and what persons or person
by the order or for the use of you or one and which of you,
and how and in what manner and when and where and by
whom and for how much have or hath the same and every
or any and what part thereof been sold or disposed of, and
whether any and what parts thereof and tf) what value and
amount now remain undisposed of, and what is become
thereof? Whether or no were any and what sums of
money due or owing to the said D. W. at the time of his
death ? If yea. Set forth a full true and particular ac-
count of all and every such sums, and from whom and for
what the same were respectively due, and whether on any
and what securities or security and whether carrying inte-
rest or not and at what rate, and how much was due for
interest thereon respectively at the time of his death ; and
also a full true and just account of all and every sums and
sum of money from time to time received by or by the
order of or for the use of you or cither of you in or towards

As to the "particulars
of tfie personal estate,
and the application
thereof by the exami"
nants, and also as to
the debts due to the
testator at the time of
his deat/i, and what
monies have been re-
ceived in discharge
thereof.

284

INTERROGATORIES FOR THE

As to the debts owing
by the testator, and
what monies have been
paid towards the dis-
charge thereof, and
of his funeral ex-
penses.

As to the testator's
leasehold property,
what rents have been
received tlierefrom,
and what parts have
been sold;

the {]isc^ara:e of such debts or any of them or the interest
thereof or of any of them since the death of the said
D.W., and when and by whom and for whose use and for
■what all and every such sums were respectively received ;
and what sums or sum of money still remain due in respect
thereof or of the interest thereof or of any of them and
from wliom, and why such sums have not been gotten in
and received, and where do the persons from whom the
same are respectively due live and reside ? Set forth all
the matters aforesaid according to the best of your respec-
tive knowledge remembrance information and belief.

Whether or no was the said D. W. at the time of his
death indebted to any and what persons or person in any
and Vi'hat sums or sum of money ? If yea, Set forth a par-
ticular account of all and every the debts whatsoever which
v/ere then justly due and owing from him, and to whom and
for what and on what security ( if any ) the same were re-
spectively due ; and whether any and what sums or sum of
money have or hath been since paid by you in or tov/ards
the discharge of all or any and which of such debts and
when and to whom and for what ; and whether any and what
sums or sum of money do or doth now remain unpaid on
account thereof; Whether or no were or was any and what
sums or sum of money paid and disbursed by you for or on
account of the funeral expenses and debts of the said tes-
tator or otherwise in relation to his estate, and when and
by whom and to whom and for what were all and every such
sums respectively paid ? Set forth &c.

Whether or no was the said testator at the time of his
death possessed of or entitled to any leasehold property? If
yea, Set forth the particulars of which the same consisted
and where the same and every part thereof was situate, and
by whom and for what term or terms of years and under
what yearly or other rent or rents the same and every part
thereof was held at the death of the testator, and whether
any and what sums or sum of money have been received
hy you or eitlier of you in respect of such rent or rents
and when and from whom and for what rents respectively ;
And whether or no have you or either and which of you
sold any and what part of the said testator's leasehold pro-
perty ? And if yea. When and to whom and for what was
the same ^fold, m\& what sum or sums of money hath or have

I

EXAMINATION OF PARTIES AND OTHERS.

285

been received by you and either and which of you in re-
spect of such sale, and when and from whom and for what
was or were such sum or sums received, and what now re-
mains due in respect of such sale, and why the same is out-
standing and unpaid ? And set forth also a full true and
particular account of the stock in trade which the said tes-
tator was possessed of or entitled to at his death, of what
the same and every part thereof consisted, and what at the
said testator's death was the full and true value of each and
every part thereof; And set forth also a full true and par-
ticular account of the monies produced by the sale of such
stock in trade, and when and to whom and for what the
same and every part thereof was sold or what became
thereof; Set forth all and every &c.

also as to the testa'
tors stock in trade,
the value thereof, and
what monies have been
received by sale there-
of.

Whether or no was the said testator J. B. at the time of
his death seised of or otherwise and how entitled to any and
what freehold and copyhold estates ? If yea. Set forth a
full true and just rental description and particular thereof,
and the number of acres thereof respectively, and where the
same and every part thereof is situate, and the yearly value
of each particular thereof, and in whose tenure or occupa-
tion the same and every part thereof respectively then was
or since has been and now is, and under what leases or
terms if any, and at what yearly or other rent or rents;
And set forth also whether any and which of such estates
or any and what part thereof have or hath since the death of
the said testator J. B. been sold and disposed of, and when
and where and by and to whom and for how much every par-
ticular thereof hath been sold and disposed of, and whether
at the full and utmost value thereof, and if not, why, and
how and in what manner the money arising from the same
hath been paid and applied ; And set forth also a full true
and particular account of all and every sum and sums of
money which have been from time to time received by
you or any or either and which of you or by any other
person or persons by your or any or either and which of
your order or for your or any or either and which of your
use for or in respect of the rents and profits of the said
freehold and copyhold estates and every or any part thereof
wliich were due and owino- at tlie death of the said testator

As to the freehold
and copyhold estates
to which the testator
was entitled, what
parts have been sold,
and how the purchase-
money has been ap-
plied ; also as to what
rents have been re-
ceived, and v}hat re-
main in airear.

Ii86 INTERROGATORIES FOR THE

or which have since become due, and when and by whom
and from whom and for what all and every such sum and
sums were respectively received, and whether any and which
of such rents and profits are now in arrear, and if so, why ?
As to what moimj has Whether or no have you been paid or in any manner

eenn j^'f ./ ' /"" " satisfied any part of the principal money of £ men-

ctpal a7ia tnterest due , ,, ii--pmT>i

fyfi bond. tioned m the bond or obligation of i . B. the said testator

bearing date &c. or any part of the interest which hath

accrued due thereon ? If yea, Set forth the particulars

and amount of all and every sums or sum which you have

been so paid or satisfied and when respectively and by whom

and in what manner.

Interrogator 1/ for the examination of exe-
cutors and trustees as to any personal estate got
in or disposed of by them, a?id monies received
by sale of real estate and from the rents thereof
since the time of the examinants ^jw^/iw^ in
their answers to the plaintiff's bill.

Hath not some and what part of the personal estate and
effects of R. H. esq. deceased, the testator in the pleadings
in this cause named, or of the produce of such personal
estate, or of the money arisen by sale of his real estate or
any part thereof, or in respect of the rents and profits of
his real estate or of any part thereof, been possessed by or
come to the hands of you or one and which of you, since
the respective times of your respectively swearing to your
respective answers in the plaintiff's bill in this cause ? Set
forth a full true and just account of all and singular such
personal estate and the produce thereof which hath been
so possessed or received by you respectively or by your
respective order or for your respective use, or come to
your respective hands since the time of swearing your said
respective answers, and the natures kinds qualities and
quantities and the full real and true value of all and every
of such particulars, and when and by whom and to whom
all and every or any and which of such particulars have
been sold or disposed of, and whether any and what part
thereof remains undisposed of, and what is become thereof?
Hath any and what part of the personal estate of the said

EXAMINATION OF PARTIES AND OTHERS.

testator R. H. which remained undisposed of at the time of
swearing your said respective answers been since sold or
disposed of and when and by and to whom and for how
much, and whether for the full value thereof, or how much
under the full value thereof respectively, and what sums
or sum of money have or hath been received for the same,
and when and by whom and for whose use ? Set forth also
a full true and just account of all and every the sums or
sum of money which have or hath been from time to time
received by you or either of you, or by any persons or
person by the order or for the use of you or either of you
since the swearing of your said respective answers, for or
in respect of the produce or money arisen by sale of the
real estate of the said testator or any part thereof, or the
rents or profits of such real estate or any part thereof, and
when and by whom for what and on what account all and
every such sums were respectively received ? Set forth all
and every the matters and things aforesaid according to
the best of your respective knowledge remembrance and
belief.

287

Interrogatories for the examination before a
Master of the executor and heir at law of a
deceased defendant, tvho was the agent, steward,
receiver, and manager of the estates in ques-
tion.

Between &c.

Interrogatories exhibited &c.

1st. Set forth according to the best of your knowledge
and belief a full true and particular account of all and
every the rents issues and profits and sums and sum of
money arisen from rents issues and profits of the estates
of the plaintiffs Viscountess S. and C. C. in the pleadings
mentioned, situate in the several counties of &c. or any of
them, which have arisen or become due since the death of
J. B. their mother, received by or come to the hands of
the late defendant R. B. in his life-time, and you the now
defendant R. B. as his heir at law and executor since his
death,' or any other person or persons by your or either of

As to the rents re-
ceived, or which with-
out wilful default
might have been re-
ceived.

288

INTERROGATORIES FOR THE

As to monies laid oiit
in repairs, S)'c.

As to what parts of
the estates have been
sold, and the inonies
received therejrom ;

Also as to what tim-
ber has been ctit down
and on what grounds,
the value thereof, and
to ichorn sold, and the
monies received on
account thereof, or
which without wilful
default might have
been received.

your orders, or for your or either of your use, or which
without your or either or one of your wilful default might
have been received thereout, with the times when and from
whom and for what the same and each and every of them
were respectively received or might have been received.

2d. Set forth in manner aforesaid a full true and par-
ticular account of all and every sums and sum of money
paid laid out expended disbursed or allowed for repairs
taxes and other outgoings in respect of the said estates or
otherwise, to for or on account of the plaintiffs or any of
them by the late defendant R. B. in his life-time, and you
the now defendant R. B. since his death, or by any other
person or persons by your or either of your order or on
your or either of your account, with the times when and
hy and to whom and for what the same and each and every
of them were so paid laid out expended disbursed or
allowed.

3d. Set forth in manner aforesaid a full true and par-
ticular account of all such parts of the said estates as
Avere at any time or times sold since the death of the said
J. B. the mother of the said plaintiffs, with the times when
and to whom and for what prices respectively the same
and every part thereof were or was sold, and also an ac-
count of all and every sums and sum of money arisen from
such sales or sale received by or paid to the account of or
in anywise come to the hands of the said late defendant
R. B. or to the hands of his bankers or any other person
or persons by his order or for his use, with the times when
and from whom and for what all and every such sums and
sum of money were or was received or paid ; and also a
full true and particular account of all timber which hath
been cut down in or upon all or any part or parts of the
said estates of the said plaintiffs Viscountess S. and C. C.
at any time or times since the death of the said J. B. their
mother, with the times when and the names of the par-
ticular woods fields grounds or places in which the same
were cut, and the number of trees from time to time so
cut, and the prices or value thereof respectively, and to
whom the same were sold, and by whom the same were cut
down respectively from time to time ; and also a full true
and particular account of all and every sums and sum of
money which at any time or times and when were received-
by or come to the hands of the said late defendant R. B»

EXAMINATION OF PARTIES AND OTHERS.

289

or any otlier person or persons by Iiis order or for his use
from such timber as aforesaid, or which without his own
wilful default might have been received, and from whom
and for what all and every such sums and sum of money
were or was received.

4th. Set forth also in manner afoi-esaid a full true and
particular rental of all and every the said estates of the
plaintiffs &c. in the several counties aforesaid as the same
stood at the time of the death of the said J. B. their mother,
specifying therein the names of all and every the tenants
and the yearly rents of each of the said estates at that
time ; And also set forth all and every increase or advance
of all and every or any of the rents of the said estates
from time to time made, with the particular times or periods
when and from which such increase or advance took place,
so as to show what was the yearly amount of the rentals of
the said estates in every year when any advancement or
increase took place from the death of the said J. B. to
this time, save and except such increase or advance as
may have been made by the plaintiffs in the rents of such
of the said estates as w^ere delivered into their hands since
their possession thereof.

5th. Set forth in manner aforesaid a full true and par-
ticular account of all the woods and wood-lands parcel of
the said estates, with the names and quantities or number of
acres thereof respectively, and the places where the same
are situate ; and also a full true and particular account of
all such lands and tenements parcel of the said estates as
at any time or times were not let to any tenant or tenants,
or were in hand or occupied by the said late defendant
R. B. or any other person or persons by his order or on
his account, with the names and quantities or number of
acres and yearly value thereof respectively, and when and
how long from time to time the same were so unlet to any
tenant or tenants or were in hand or occupied by the said
late defendant R. B. ; And set forth also in manner afore-
said the names of the several manors belonging to tb.e said
estates, and in what particular counties the same are situate,
with the natures and extents of such manors respectively,
and a full true and particular account of all quit rents and
of all fines heriots and other uncertain profits belonging or
arising from each of such manors respectively, with the
yearly amounts thereof.

Vol. II. t

As to the rental of
the estates at the time
of the decease of tli^
pi'aintijfs' mother ;
ichat increase has
been wade in the
rents, and the times
ivhen, and the yeartif
amount of the rentals
of the estates.

As to the tvoods and
tvoodlavds, and the
names and nr tuber of
acres thereof;

Also as to the estates
lihich ic ere from time
to time on hand or
occupied hy the de-
ceased defendant ;

A Iso as to the names of
the nidt.ors lielonr/inc/
to the estates and the
descriptions thereof,
and of the quit rents^
fnics^ Hfc. belong in^
thereto.

I

290

INTERROGATORIES FOR THE

j4s to t/ic names of the
stewards em ployed by
the deceased defend-
ant in the collection of
the rents and manage-
ment of the estates.

Schedule required of
the accounts of the
steivards and ayents
of the estates;

Also of all surveys,
maps, rentals, 6fc.
kept by them ; and
whether any have
been destroyed and
how.

Schedvle and descrip-
tion required of all
accounts, declarations
if trust, letters, ^'c.
kept by the deceased
d(fendant of his re-
ceipts, payments, or
transactions for or on
account of the jilain-
tiffs" estates, and whe-
ther any have been
destioyed and how.

6th. Set forth in manner aforesaid the name or names
and place or places of abode of the steward or several
stewards employed by the said late defendant R. B. from
time to time in the collection of the rents and management
of the said estates and each of them respectively, from the
time of the death of the said J. B. down to the time when
possession of any of the said estates was taken by the
plaintiffs, and down to the time of his own death as to
such of the said estates as he continued in possession of to
that time.

7th. Set forth in manner aforesaid a true and particular
schedule of the accounts of all and every the stewards and
agents of the said estates respectively from the time of the
death of the said J. B. down to the time when the possession
of any of the said estates was delivered into the possession of
the plaintiffs, and down to this time as to such of them as
the said late defendant continued in possession of until his
death and which are now in your possession ; and also a
true and particular schedule of all the surveys field-books
maps plans counterparts of leases rentals particulars books
and papers of accounts minutes entries agreements and
memorandums kept by all or any of the said stewards or
agents of or concerning the said estates or any of them
or the rents profits or management thereof, and whether
any such have at any time or times to your knowledge in-
formation or belief been torn burnt or destroyed and when
and by whom ; or whether you have ever seen or heard of
any such which are or is not now forthcoming, and what
is become thereof according to the best of your knowledge
information and belief.

8th. Set forth also in manner aforesaid a full and par-
ticular schedule and description of all and every or any
books or book of account memorandums agreements decla-
rations of trust letters minutes entries or other papers at
any time or times kept by the said late defendant R. B. of
or concerning his receipts payments or transactions for or
upon account of the plaintiffs Viscountess S. &c. or all or
any of their estates, or the plaintiffs Lord S. &c. or in
any wise concerning the said estates or any of them ; and
whether to your knowledge information or belief any such
bo(/ks or book of account memorandums minutes declara-
tions of trust letters entries or papers have at any time

EXAMINATION OF PARTIES AND OTHERS.

291

been torn burnt or destroyed, or whether you have ever
seen or heard of any such which are or is not now forth-
coming, and if so, what is become thereof according to the
best of your knowledge information and behef.

9th. Set forth in manner aforesaid a full true and par-
ticular account of all and every the manors messuages lands
tenements and hereditaments which are comprised in the
indentures of &c. in the pleadings mentioned, and in the in-
denture of &c. in the pleadings also mentioned, and in each
and every of them ; And also set forth a full true and par-
ticular account and rental of all such of the said manors &c.
as now remain unsold, specifying therein the names of all
and every the tenants or tenant or occupiers, and the names
and quantities or number of acres of the fields and lands
occupied by each tenant.

10th. Set forth in manner aforesaid a true and particular
schedule of all title-deeds and writings and other deeds
instruments evidences and writings relating to the said es-
tates of the said Viscountess S. &c. in the several counties
aforesaid or to any of them now in your custody or power,
or which at any time or times have been in your custody or
power or in the custody or power of the said late defend-
ant R. B., and if any of the deeds and evidences relating
to the said estates or any of them were at any time or times
in the custody or power of the said late defendant R. B.
or in your custody or power and are not now in your cus-
tody or power, set forth in whose custody or power the
same now are or what is become thereof as you know have
heard or for any and what reason believe.

11th. Do you not admit assets of the said late defendant
R. B. sufficient to answer what on taking the aforesaid ac-
counts shall appear to have come to the hands of the said
late defendant ? If not, Then set forth in manner aforesaid
a full true and particular account of all and every sums and
sum of money securities for money arrears of rent goods
chattels personal estate and effects whatsoever of or be-
longing to the said late defendant R. B. at the time of his
death, with the kinds qualities natures true and real values
thereof respectively, and also sot forth a full true and par-
ticular account of all such parts thereof as have been pos-
sessed and received by or which have come to the hands
of you the said now defendant R. B. as his executor, with

t2

An account required
of all the manors, Sf'c.
comprised in certain
deeds, and a rental
of suck as remain
unsold.

Schedtde inquired of
all deeds, Sfc. relating
to the estates in ques-
tion.

As to whether the ex-
aininaut admits assets
of the deceased de-
fendant sufficient to
answer irhat may ap-
peur to have come to
his hands.

292

INTERROGATORIES FOR THE

the times when and how and from whom you have possessed
or received the same, and what part or parts thereof, if
any, now remain outstanding.

As to cerfahifarticu-
lars of t/te testator's
personal estate, an
inventory or schedn/e
thereof required to be
set forth ;

Also as to the value of
all such particulars
and tclieiher any of
them tiaie been sold,
what monies have been
received therefrom
and how the same
have been applied,
and what balance re-
mains due from the
examinants.

Interrogatories for the examination of executors
before the Master.

Between L. M. - - - Plaintiff,
and
E. C. and others, Defendants.

Interrogatories exhibited on behah*" of
the plaintiff, before J. S. esq. one of the
Masters of this honorable court to whom
this cause stands referred, for the exa-
mination of the defendants M. C. and
A. C. pursuant to the decree made on
the hearing of this cause, bearing date
the day of .

* 1st. Whether or not was T. C. deceased the testator in
the pleadings of this cause named at the time of his death
possessed of entitled to or interested in any books pictures
china household goods and household furniture and live or
dead stock or any and which of such particulars ? If yea,
Set forth a full true and particular inventory or schedule
of such several articles, and the descriptions and true and
utmost value of all such articles and effects at the time of the
death of tlie said testator, and how and by what means do
you ascertain the value thereof, or hath the value thereof
been ascertained by any and what persons or person and
whom by name, and whether or not are such several articles
or any and which of them now in your or either of your
possession or power, or what hath become of the same, and
have or hath or not you or either and which of you sold or
otherwise and how disposed of the same or any and which
of them? Have you or hath either and which of you or have
any person or persons and who by name by your or either
of your order or for your or either of your use possessed or
received all or any and which of such several articles, or any
and what sum or sums of money from the sale and dispo-
sition thereof and of any and which of them? If yea, Set
forth a full true and particular account of all such sum and
sums of monev, and of the times when the same were re-

EXAMINATION OF PARTIES AND OTHERS,

293

ceived, and of the purposes to which the same have been
applied, and of the amount or balance due from you and
each of you in respect thereof; Set forth the several matters
inquired after by this interrogatory, and all the particulars
relating thereto, fully and at large accoi'ding &c.

* 2d. Whether or no was the said testator T. C. at the
time of his death possessed of entitled to or interested in
any and what goods chattels personal estate and effects other
than and besides the several articles inquired after by the
preceding interrogatory ? If yea, Set forth a full true and
particular account of all such personal estate and effects dis-
tinguishing the several particulars thereof; And whether or
not have or hath you or either of you or any and v/hat per-
sons or person by your or either of your order or for your
or either of your use possessed or received all or any and
what part of such last-mentioned personal estate and effects
of the said testator T. C, or any and what monies produced
from the sale and disposition thereof or of any and what
part or parts thereof? If yea, Set forth a full true and par-
ticular account of all such personal estate and effects and of
all and every the sum or sums of money so possessed and
received from the sale and disposition thereof, distinguishing
the several particulars thereof, together with the names of
the persons or person by whom the same and every part
thereof were or was possessed and received, and what parts
of such personal estate and effects now remain in your or
either and which of your hands or power, and what is the
amount or balance due from you and each of you in respect
of the monies so possessed or received, and all other par-
ticulars relating thereto fully and at large ? And whether or
not is any part of the said testator's personal estate and
effects now outstanding, and if so, in whose hands oj^
power ? Declare &c.

* 3d. Have or hath you or either of you or any and
what person or persons by your or either of your order
or for your or either of your use paid laid out expended
or allowed any sum or sums of money in or towards pay-
ment and satisfaction of the said testator's debts funeral
and testamentary expenses or otherwise on account of the
said testator's personal estate? If yea, Set forth a full true
and particular account of all such sum and sums of money
so paid laid out or expended, together with the times when
and the names of the persunb by and to whom and lor wliat

As to any other per-
sonal property to
which the testator vas
entitled, and how the
same has been dis'
jiosed of.

As to any monies laid
out by the examinauts
in payment of the tes-
tator s debts, funeral
and ffstavientary ex-
penses.

I

294

INTERROGATORIES FOR THE

As to xohat debts re-
main unpaid.

the same and every part thereof have or hath been so paid
laid out expended or allowed, and all the particulars re-
lating thereto fully and at large according to the best and
utmost of your knowledge remembrance information and
belief.

*4th. Have all the debts due and owing by the said tes-
tator T. C. at the time of his decease and his funeral ex-
penses been paid and satisfied, or do any and which of
such debts now remain due and owing? And if so, To
whom and to what amount and on what security or se-
curities ? Declare &c.

As to the particular 8
of the testatoi'^s in-
terest in leasehold
premises, and in
whose occupation the
same have been since
his death, and at ivhat
rent.

As to ivhat prnperttf
specijiculli/ berpieafh-
ed has been possessed
by the examinaiits
besides such as has
been delivered over.

As to what ftnniiitnnts
under a willore livinri
and who have died
since the testators
death, ivhat sums
have been paid in
discharfje of their
annttities, and what
funds have been set
apart to answer the
same.

Was or not the said testator P. C. at his death possessed
of or in some manner interested in a messuage or tenement
at H. in the county of M. ? If yea, Set forth the particulars
of which the same consisted, and from whom and under
what lease or agreement and for what term and at and by
what yearly or other rent the same and every part thereof
was holden by the said testator, and set forth also at what
rent and other conditions and for what term of years you
have since taken the same, and in whose occupation the
same and every part thereof hath been since the death of
the said testator and now is, and at what rent or rents.

Whether or no have you or either and which of you
since the death of the said testator possessed any and what
property of the said testator which was specifically be-
queathed by him, other than and except such moieties as
you have delivered to the specific legatees? If yea, Set
forth a full true and particular inventory and account thereof
and of every part thereof, and of all the particulars whereof
the same consisted, and the quantities qualities full real
and true values of the said particulars respectively.

Whether or no are any and which of the annuitants in
the said testator's will named living, and have any and
which of the said annuitants died since the death of the
said testator, and when in particular, and hath or have
any and what sum or sums of money been paid in dis-
charge of any and which of their said annuities, and in
particular in discharge of the annuities given for the
charitable purposes in the saiel will mentioned, and when
and by whom, and have any and what fund or funds been

EXAMINATION OF PARTIES AND OTHERS.

set apart and in whose name or names and in what manner
to answer the same annuities or any and which of them ?
Set forth &c.

295

Interrogatories for the further exainination of
executors, defendants, pursuant to a decree.

Between S. H. and others, infants, by J. F.

their next friend. Complainants,

and

J. S. H. an infant, J. G., S. G., and

W, B., Defendants.

Interrogatories exhibited on the behalf
of the defendant J. S. H. for the further
examination of the defendants J.G. and
S. G. pursuant to the decree made on the

hearing of this cause bearing date the >

day of , before J. S. esq. one of the

Masters of this court to whom the said
cause stands referred.

* 1st. Have any and what money securities for money
book and other debts goods chattels estate and effects be-
longing to the personal estate of J. H. deceased, the tes-
tator in the pleadings of this cause named, at the time of
his decease, or which have since accrued arisen or become
due on account of his business carried on by you by virtue
of his will or otherwise been received by you or either and
which of you, or come to your or either and which of
your hands custody possession or power, or to the hands
custody possession or power of any other person or persons
by your or either of your order, or for your or either of
your use since the time of and other than and besides what
is set forth in your last examination put in before the said
Master? Set forth a full and particular account of all and
singular such money securities for money book and other
debts goods chattels estate and effects, and when and by
whom and from whom and on what particular account the
same and each and every part thereof were or was re-
ceived.

As to monies and ef-
fects received on ac-
count of the business
carried on by the ex-
aminants by virtue
of the will since the
former examination.

1

296

As to the expenses in.'
curred in the exe-
cvtors/iip or the rna-
■tiagement of the tes-
tators business since
the former examina-
tion.

■As to any onfstand-
ing personal estate,
debts and effects, par-
tienlarly as to certain
specific articles.

INTERROGATORIES FOR THE

*2d. Have you or either and which of you paid any and
what sum or sums of money, or been at any and what ex-
pense or expenses in and about your executorship or in
and about the management and conduct of the business of
the said testator J. S. H. either by yourselves or by any
person or persons appointed or authorized by you to ma-
nage and conduct the same business since your former ex-
amination put in before the said Master in this cause, other
than and besides what are set forth in your former ex-
amination ? Set forth the particulars of all such payments
and expenses, and when and by whom and to whom paid
and on what account ; Were the same and every of them
just debts and necessary expenses ? Declare according to
the best of your and each of your several and respective
knowledge and belief.

*od. Are there any parts of the goods chattels monies
securities for money debts estate or effects either specific
or pecuniary of or belonging to the estate of the said tes-
tator J. H. deceased at the time of his death or which have
accrued or become due since his death, now outstanding un-
received or now remaining in your hands undisposed of
and unaccounted for, and particularly a five-guinea piece,
a silver pencil-case, sundry medals and small pieces of silver
coin and other things ? Have any and what means or en-
deavours been used by you or either and which of you
or by your order to collect or get in such outstanding
debts and effects, and when and in what manner? Have
any or either and vv'hich of the persons owing such debts
or sums of money to the said testator's estate, declined or
refused to pay the same and for what reasons'? Declare
the truth of the several matters inquired after by this in-
terrogatory, according to the best of your knowledge re-
inembrance and belief.

EXAMINATION OF PARTIES AND OTHERS.

297

Interrogatories for the examination of witnesses
before the Master as to a testator s real estates ,
and the title-deeds belonging thereto.

Between T. H. and S. his wife, Complainants,
and
H. J. and others, - - Defendants.

Interrogatories exhibited on behalf of
the said complainants, before A. P. esq. one
&c. \tlie usual titled for the examination of
witnesses.

. 1st. Vv^hether or no as you for any and what reason
know or believe was A. B. the testator in the pleadings of
this cause named at the time of his death seised of or
otherwise and how entitled to or in any and what manner
interested in any and what freehold and copyhold estates,
and in particular had he any and what interest in a certain
estate called P. in the parish of K. in the county of M. ?
Set forth a full true and just description and particular of
all and every the freehold or copyhold estates which the
said testator was seised of or entitled to or interested in at
the time of his death, and where the same and every part
thereof is situate, and in whose tenure or occupation the
same and every part thereof then was or since has been
and now is respectively ; Set forth &c.

2d. Have you or had you at any time and when last in
your custody or power any deeds or deed instruments or in-
strument papers or paper writings or writing belonging or
in any manner relating to any and what freehold or copy-
hold estate which the said testator was seised of or entitled
to or interested in at the time of his death, and in par-
ticular relating to the said estate called P., or to a certain
messuage lands and premises situate in the parish of B. in
the said county of M. called L. in the occupation of D. H.,
or to another messuage lands and premises in the said
parish of B. called T. P. in the occupation of the said
D. H., or to another messuage lands and premises called
C. P. situate in the parish of M. in the said county in the
occupation of J. J.? Set forth a list or schedule of all and,

1. As to the real
estates to which tlie
testator was entitled,
and his interest in a
particular estate.

2. As to the title-
deeds relating thereto i

2-^0 INTERROGATORIES FOR THE

Schedule therc.nf re- every such deeds or deed instruments or instrument papers

quired to be i,ci or paper writin^rs or writin<r and set forth what is become
forth.

of such thereof as were but are not now in your custody

or power, and set forth also whether any person or persons

and who in particular as you know or for any and what

reason believe has or have now or has or have at any time

and when had in his her or their custody or power any

and what deeds or deed instruments or instrument papers

or paper writings or writing belonging or in any manner

relating to tlie said freehold and copyhold estates of the

said testator, or any and vvhat part thereof.

As to what the property of a lunatic consists,
also as to the rents received and the application
thereof, the repairs done to the estates, and what
land-tax has been redeemed.

1st. Of what did the property of the said lunatic consist
at the death of his father and of what doth it now consist,
and what part of it did then and doth now consist of per-
sonal property ? And set forth a full true and just rental
and particular of the real estate to which the lunatic became
entitled at the death of his father, and the nature quantities
and qualities thereof, and where the same and every part
thereof is situate, and the yearly value of each particular
thereof, and in Avhose tenure and occupation the same and
every part thereof was at the death of the father of the
said lunatic and since has been and now is, and under what
yearly or other rent or rents and for what term or terms of
years, and whether at full rack-rent or how otherwise.

2d. Have not you or some person or persons and who by
your order or to your use since the death of the father of
the said lunatic been in possession or receipt of the rents
and profits of the real estates to which the said lunatic
became entitled at the death of his father or of some and
what part thereof? If yea. Set forth a full true and par-
ticular account of all and every sum and sums of money
which hath and have been received by you or by any per-
son or persons by your order or to your use for or in respect
of the I'ents and profits of the said estates or any part thereof
which have become due since the death of the father of th^

I EXAMINATION OF PARTIES AND OTHERS. 299

said lunatic, and when and by whom and from whom and
for what rent and of what part of the said estates and when
due all and every such sums were respectively received ;
And set forth also a full true and particular account of the
manner in which such rents and profits have been applied
or disposed of by you in each year, particularly distin-
guishing how much thereof hath in each year been applied
for the maintenance and provision of the lunatic and how
much thereof for repairs and other outgoings.

3d. Were the repairs which have been so done to the
said estates been done by you by the advice of any surveyor
or builder and whom, and were the same necessary and
such as the tenants of the said several premises had a right
to require from their landlord ? If so, why ? And was the
father of the said lunatic at the same average expenses for
repairs in his life-time as you have incurred since his death ?
And if not why? And whether no is it a prudent course of
management to let the said estates upon such terms that
the tenants have a right to require such repairs, and might
not the same have been let on repairing leases or otherwise
upon terms more advantageous to the landlord ? And would
you have let the said estates upon such terms and have done
the said repairs thereto if the said estates had been your
own property ? And have you not redeemed the land-tax
on some and what part of the said estates, and for what
reason ?

Interrogatories for the examination of mortgagees i?i
possession.

Between &c.

Interrogatories exhibited &c. [before the Master.']

1st. Whether or no is or are there any and what sum As to whatis due for
or sums of money due and owing to you or any or either principal and inte-
and which of you for principal or interest on the mort-
gaged premises in the pleadings in this cause mentioned ?
If yea, Set forth how much is due for principal and
how much for interest and the particulars thereof respec-
tively, and how you make out or compute the same? Set
forth 8cc.

rest.

300

INTERROGATORIES FOR THE

Hoio long the cxami-
nants have been in re-
ceipt of the rents and
projits of the premises,
and IV hat has been
received on account
thereof.

Sd. Have you or either and which of you or any other
person or persons and who by your or either and which
of your order or for your or either and which of your use
been for any time and how long in possession or receipt of
the rents and profits of the said mortgaged premises or of
any and what part thereof? If yea, Set forth a full true
and just rental and particular thereof and where the same
and every part thereof is situate and the yearly value of
each particular thereof, and in whose tenure and occupation
the same and evei'y part is and hath been during the time
of such possession and under what yearly or other rent or
rents? And set forth also a full true and particular account
of all and every sum and sums of money which hath and
have been received, or but for your or some or one and
v/hich of your wilful default or neglect might have been re-
ceived by you or some or one and which of you or by any
other person or persons and whom by your or some or one
and which of your order or for your or some or one and
which of your use, for or in respect of the rents and profits
of the said mortgaged premises or any part thereof, and
when and by whom and from whom and for what rent and
of what part of the said mortgaged premises and when due
all and every such sums were respectively received or might
have been received ? Set forth &c.

As to the amount of
the principal and in-
terest due on the se-
curities.

Interrogatories for the examination of a mortgagee
of an estate in the West Indies.

Between W. D. Q. and J. G., Plaintiffs, J|
and V

W.B., W.A., J. J., G. B., and
W. L., - - - Defendants.

Interrogatories exhibited by the
plaintiffs and the defendants J. J. and
W. L. before Sir W.W. bart. one &c.

1st. Is there or not any sum of money due and owing io
you for principal or interest on the mortgages in the plead-
ings in this cause mentioned and in the decree in this cause
particularly specified ? If yea. Set forth how much is due
to you for principal and how much for interest, and the

EXAMINATION OF PARTIES AND OTHERS.

301

particulars thereof respectively, and how yon make out or
compute the same; Set forth the matters in this interro-
gatory inquired after according to the best of your know-
ledge remembrance information and belief; distinguish whe-
ther you set forth the same from your own knowledge or
from any and what written book document or account, or
from the information of any other person or persons, and
if from the information of any other person or persons set
forth the name or names of such person or persons and the
time when you received such information ; and if according
to your belief only, set forth how and from whom in what
manner and when you received the information on which
you form your belief and all the grounds and reasons for
such your belief, fully and at large.

2d. Have you laid out or expended any sum or sums of
money in necessary repairs or lasting improvements upon
the estates and premises in the island of J. comprised in
the indentures of mortgage in the decree in this cause par-
ticularly mentioned ? If yea, Set forth what sum or sums
of money you so laid out or expended, and for what repairs
or lasting improvements, and when where by whom and to
whom particularly such sum or sums of money and every of
them respectively was or were paid laid out or expended ;
And set forth and distinguish how much of such sum and
sums of money hath been laid out or expended in neces-
sary repairs, and how much in lasting improvements ; Set
forth the matters in this interrogatory inquired of you ac-
cording to the best of your knowledge remembrance in-
formation and belief; distinguish whether you set forth the
same from your own knowledge or &c. [ Conclude as in the
\st inierrogatory.'\

3d. Set forth a full true and particular account of the
rents produce and profits of the estates and premises com-
prised in the mortgages in the decree in this cause men-
tioned received by you or by any other person or persons
by your order or for your use, or which without your wilful
default might have been received thereouty and when where
and at what times respectively and by whom and from
whom respectively such rents produce and profits and every
part thereof have and hath and might have been received,
and why and for what reason or reasons any and what part
and parts of such rents produce and profits have or hath
not been received ; Set forth the matters in this interrogatory

As to what monies
have been laid out in
necessary repairs or
lasting improvements *

As to what rents have
been or tvithout his
wilful default might
have been received by
the examinant.

302

INTERROGATORIES FOR THE

As to the estates taken
possession of by the
examiiiant under a
writ of assistance, and
the rents received
therefrom.

As to ivhat svms have
been laid out in last-
ing improvements on
the estates last-men-
tioned.

To prove at what
times the agents of
his own estates trans-
mitted their uccnvnts
of the "produce of the
estates in question ;

inquired of you according to tlie best and utmost of your
knowledge remembrance information and belief; distinguish
whether Sec. [Conclude as in the 1st interrogatory.^

4th. Whether or no did you or any person for your use
or on your account under colour of the writ of assistance in
tlie decree in this cause mentioned, enter upon and take
possession of any estates and premises the property of or
belonging to the plaintiffs or those under whom they claim
which were not comprised in the said several mortgages in
the said decree mentioned or any or either of them ? If yea.
Set forth what estate or estates or premises you or any per-
son for your use or on your account so took possession,
and the nature quantity and quality thereof and the par-
ticulars thereof and of every part thereof; And also set
forth a full true and particular account of the rents produce
issues and profits of the said estates and premises in this
interrogatory inquired after received by you or by any
other person or persons by your order or for your use, or
which without your wilful default might have been received
thereout; and distinguish the same from the rents and
profits of the estates and premises comprised in the said
several mortgages, and set forth when and at what time
and times particularly and by whom such rents produce
issues and profits as by this interrogatory are inquired after
have or hath been or might have been received, and why
and for what reason or reasons any and what parts or part
of such rents produce issues and profits have or hath not
been received ; Set forth the matters &c. ; Distinguish &c.

5th. Have you expended any sum or sums of money in
lasting improvements upon the estates and premises in the
preceding interrogatory inquired after, being the estates
and premises not comprised in the mortgages in the decree
in this cause mentioned ? If yea, Set forth what sum or
sums of money you so expended and for what lasting im-
provements, and when where by whom and to whom par-
ticularly such sum or sums of money and every of them
respectively was or were paid laid out or expended ; Set
forth the matters &c. ; Distinguish &c.

6th. Has it not been the constant and invariable usage
for your agents or managers of your estates in the West
Indies to transmit accounts every year or at any and what
other stated or uncertain periods of all the sugars rvun and
other produce arising irom the estates in the pleadings in

EXAMINATION OF PARTIES AND OTHERS.

30.3

tliis cause mentioned and how tlio same have been disposed
of? Were not such books annually or at some and what
other stated or uncertain periods examined and the ac-
counts therein contained signed or allowed by you as settled
accounts or by some and what person or persons duly or in
some and what manner authorized by you to settle and sign
such accounts or to act on your behalf? Do not such ac-
counts contain an account of all the produce arising from
the estates in the pleadings mentioned, and how the same
from time to time have been disposed of for the whole of
the time since the same were taken possession of under the
writ of assistance to the present time or for any and what
part of such time ; and if not for the whole of such period,
Set forth from what time the accounts of the produce of
the estates in question in this cause have been omitted to
be included in the accounts returned to you or your agents
in England of the produce of your other estates in the
West Indies, and why and for what reason the same were
so omitted ? Have all and each and every of such signed
accounts been produced and left with the Master to whom
this cause stands referred, and if not why ? AnsAver fully
and distinctly the several matters inquired after by this in-
terrogatory ; And distinguish &c.

7th. Set forth a true and accurate account of the names
of the managers of the estates in the pleadings mentioned
in the West Indies and of the consignee or consignees of
the produce thereof in England from the time the same
were taken possession of as aforesaid to the present time,
and from what time and up to what time each and every of
such persons were manager or managers or consignee or
consignees ; Set forth the particulars inquired after by
this interrogatory according to the best of your knowledge
information and belief.

8th. What number of negroes or slaves was there on the
estates in the pleadings in this cause mentioned at the time
you took possession thereof under the writ of assistance
in the said pleadings mentioned ? Set forth a list or sche-
dule thereof with the names of each and every of such ne-
groes or slaves and of the issue and increase thereof exist-
ing at the time or since produced after you had so taken
possession of the said estates ; Were or were not some and
which of such negroes or slaves removed at some and what
time or times off and from the said estates to some and what

at what times such ac-
coimts uere examined
and settled ;

ivhethcj- the same con-
tain an account of all
the produce of the es-
tates in question, and
of the application
thereof since the ex-
aininant took pos-
session :

And uihether such ac-
counts have been left
with the Master,

As to the names of
the iiianagcrs of the
estates in question.

As to the number of
neijroes or slaves on
the estates in ques-
tion at the time the
examinant took pos-
session tinder the icrit
of assistance and of
the issue and increase
thereof,

and lehcther any have
been reniored to any
other estates and how

304

disposed of, ivhcther
any were sold and at
what prices i

INTERROGATORIES FOR THE

other estates belonging to you in Jamaica or to some and
what other place or places ? If yea, Which of such slaves
were so removed ? Set forth the particulars and names of
such slaves which were so removed and of the issue and
increase thereof and when they were respectively so re-
moved and what became of them, and how they and each
and every of them and their issue and increase were dis-
posed of; Were any and which of such negroes or of the
issue and increase thereof sold and when and to whom
and for what price or prices ? Set forth &c.

1

To prove that the
crop on the planta-
tion at the time the
examinant sold the es-
tate was comprised
therewith in the sale,
and that the sarne has
been converted to his
oxen use.

As to whether the ex-
aminant has cleared
the estate from all
duties charf/ed there-
on on the sale thereof,
and from all other
incumbrances.

To prove whether the
examinant held any
other securities besides
the testator s bond and
the mortgage of the
plantation.

Interrogatories for the examination of a tnortgagee
of a West India estate.

1st. Whether or no on the sale of the plantation and

estate by you to H. G. for which the said sum of j£

was the consideration or purchase-money, was the crop then
on the said plantation or estate or any and what part thereof
comprised in the said sale and in the said purchase-money

of X ? If yea, Whether or no have or has any pei*-

sons or person and who applied or converted any and what
part of the crop so sold to your use and when and to what
amount as you for any and what reason know or believe?

2d. Whether or no have you in pursuance of the agree-
ment or articles of sale between you and the said H. G.
made the said plantation and other premises comprised in
such agreement or articles free and clear of and from all
estates rights royal and other duties, particularly the duties
if any payable to the King of Denmark in respect of the
said plantation and premises on the sale and transfer thereof
or otherwise howsoever, and of and from all other duties
claims and incumbrances 1 Do the said plantation and other
premises or any and which of them now remain subject
or liable to any and what duties claims or incumbrances"
contrary to the effect of the said agreement ?

od. Whether or no had you any security or securities for

the payment of the said principal sum of £ and the

interest thereon or any part thei'eof other than the said
bond of the said testator T. B. and the covenant of the
said II. G. and the mortgage or security of the said plan-
tation or e;itate i' If yea, Set fori h the particulai'S of all'

EXAMINATION OF PARTIES AND OTHERS.

30-3

and every such securities and the value and amount thereof
and what is now due thereon and from whom respectively.

4th. Whether or no have you in any and what manner
and when resorted for payment of any and what part of

the said sum of J! and the interest thereof or of any

and what part thereof to any and what other security other
than the said bond of the said testator T. B., and if not,
why ? And whether if you had used due and reasonable
diligence could not the payment of some and what part of

the said principal sum of £ or some and what part of

the interest thereof have been in some and what manner
enforced from some and which other of your securities
other than the said bond ?

To prove ichat necu-
ri'y mortgagee resort-
ed to for payment oj
his money, unci wh<
ther if he had us< d
due diligence the pay
mcnt thereof could
not have been en-
forced on his oih r
securities besides the
band.

Interrogatories relating to partnership matters.
Between &c.
Interrogatories to be &c.

1st. Set forth a full true and particular account of all and
every the sum and sums of money received by you or by
any person or persons by the order or for the use of you and
G. B. deceased in the pleadings mentioned or either of you on
account of the copartnership trade carried on by the said
G. B. and the said R. B., and after the decease of the said
G. B. by you the said R. B. as in the pleadings mentioned,
and when and from whom and to whom and by whom and
on what account the same have been received and paid ;
Declare the truth &:c.

^d. Have you or not at any and what time or times since

the day of drawn any sum or sums of money out

of the trade which was so carried on by you and the said
G. B. and afterwards by you alone for any other purpose
than for the purposes of such trade ? If yea, Set forth a
full true and particular account of all and every such sum
and sums of money and wiien tlie same were drawn out by
you respectively; And have you or not placed out or applied
any and which of such sums of money at interest or in the
purchase of government or other and what stocks and funds
or in any and what other manner so as to make any profit
or advantaga thereby ? If yea, Set forth how and in what

Vol. IJ. u

As to partnership
monies received.

As to what monies
have been drawn ov'
by the examinanf f
any other than po'
ncrskip purposes, c-
in what secvriiies ui
part thereof has been
invested.

306

INTERROGATORIES FOR THE

As to the particitlars
of the partnership
stock in trade and
effects, and what
debts are due on the
partnership account.

As to the gains and
profits made during
and since the partner-
ship.

manner and in what stocks funds or how otherwise you have
applied each and every of such sums and sum of money,
and all and every the sum and sums of money which you
have received as the interest or dividends thereof or other-
wise on account or by means thereof; Declare &c.

3d. Set forth a full true and particular account of the
stock in trade outstanding debts and other property and
effects which belong to the said trade or business which was
carried on by you and the said G. B. as in the pleadings
mentioned and which hath since been carried on by you, and
all the particulars whereof the same consisted, and the na-
tures kinds quantities qualities full true and utmost value
thereof; and in case the same or any of them are not now
in your possession or power, set forth in whose possession
or power the same are ; And set forth an account of the
debts which are justly due and owing on account of such
concern and to whom and for what the same are due and
owing ; Declare &c.

4th. Set forth a full true and particular account of the

gains and profits which have been made since the day

of in the said trade or business which was so carried

on by you and the said G. B. and afterwards by you alone,
and by means of the monies which you have received on
account thereof, and how and in what manner you compute
the same ; Declare &c.

To prove the exist-
ence of a partnership
and the terms thereof
how long it continued,
and upon what terms
if was dissolved, and
as to any declarations
made relative thereto.

1st. Whether or no were you acquainted with C. H. late

of but now deceased, and for how long did you know

him before his death, and when and about what time did he

die ? \Miether or no did the said at any time and

when take as a partner with him in any and what bu-
siness ? If yea, What were the terms of such partnership,

and what proportion or share was the said to have

therein, and for how long did such partnership continue,
and when and for what reason was the same determined or
dissolved and upon what terms, and whether or no have

you at any time or times respectively heard the said •

make any and what declaration or declarations respecting
the said copartnership or the terms or conditions thereof or
the commencement or dibsolution thereof; Set forth &c.

EXAMINATION OF PARTIES AND OTHERS.

:K)7

2d. Whether or no were you at Christmas and for

how long before in any and what manner employed by the
late ■ in the carrying on of his paving businei^s ? Whe-
ther or no did the said at Christmas or at any

other time and when take any partner and whom in his
said business, and for how long did such partnership con-
tinue, and in what name or names were the bills made
out from that time to the persons for wliom such busi-
ness was done ; And whether or no were you at any time

and when after Christmas ■ employed and by whom

and by whose directions in the making out or delivering of
such bills or in the receipt of monies for the same, and in
whose name or names were receipts for such monies given ?
Set forth &c.

3d. Whether or no did the said in any and what

manner and when and for how long time after Christmas

' continue to carry on the paving business in which he

had been concerned or in any and what manner to interfere
therein or in any part thereof, or by whom was the said
paving business and every part thereof and particularly the
business of the government boards done and performed from

Christmas until the death of the said , and in

whose name or names were the bills made out from that
time to the persons for whom such business was done ? And
whether or no were you at any time and when after Christ-
mas employed and by whom and by whose directions

in the making out or delivering of such bills or in the re-
ceipt of monies for the same, and in whose name or names
were receipts for such monies given ? And whether or no

in or about Christmas or at any other time and when

were the stock of cai-ts horses barges and other property
employed in the said paving business or any part thereof
valued by any person or persons and whom ? And if yea,
Upon what occasion did such valuation take place and under
what agreement and at what prices ? Declare See.

4th. Whether or no wei'e and the said or

either and which of them in or about the years or

• employed in the paving of and any other and

what street or places in the city of L. ? If yea, To whom
were the profits of such particular paving business to be-
long as you for any and what reason know or believe, and

did you at any time or times and when' hear the said

u 2

To prove the admis-
sion of a person into
partnership, and in
what names bills and
receipts were after-
wards made out.

To prove ichether
after a partienlar pe-
riod a person conti-
nned to carry on or
interfered in the busi-
ness, and by ichom it
teas carried on, and
how bills and receipts
were made out;

also to prove a valua-
tion made of the stock
of carts, horses, ^c.
employed in the busi-
ness, and under what
ayreemcht.

To prove xrho were
cmpbiyed diiriny par-
ticular years in pav-
iny certain streets,
and to whom the pro-
fits were to belong,
and as to any decla-
rations made relative
thereto.

30H

To prove a partner-
ship cntend into in
several trades, the
shares of the parties
interested, by ichom
the capital was pro-
vided, and the ayree^
intnts made relative
thereto, and as to the
partnership movies ;
by u-hom stock ivas
provided at the com-
mencement of the
partnership ;

an account reqnired
of the partnership
stock and the value
theieof.

INTERROGATORIES FOR THE

make any and what declaration or declarations respecting
the same ? Declare &c.

5th. V> hether or no did you the defendant I. C. and R. C.
now deceased or either and which of you at any time or times
and when respectively enter into copartnership with the bank-
rupt T. C. in the pleadings of this cause respectively named,

in the several trades or businesses of or in any and

which of such trades or businesses? And if yea, In what
shares and proportions were you the said I. C. and the said
R. C. and the said bankrupt respectively interested in such
trades and every of them, and what was the capital em-
ployed in such trades or businesses and every of them and
by whom was the same provided, and what were the con-
ditions and agreements between you in each and every of
such trades with respect to the providing of capital and the
bringing into and taking out monies from the said trades ;
and to whom did the buildings stock and utensils in each
and every such trade belong at the commencement thereof,
or by whom were the same provided, and what was then
agreed between you with respect thereto? And set forth
the particulars of all such buildings stock and utensils
and the full true and utmost value thereof and of every
part thereof, and what hath since become thereof? De-
clare &.C.

Infcrrngaiories as to the sale of a ship, the mo-
nies received for freight, and the sums ea-jjended
far seamens' wages and the shij/s disbursements.

Between H. D.
G.B.

and

- Plaintiff,

Defendant.

Interrogatories exhibited on behalf &c.
[usual title before a Master.]

As to the sale of the ^^^' ^Vhether or no is the ship called the Sir E. H. in

ship, and the monies the pleadings of this cause mentioned sold? If yea. When

produced thereby. ^^^^ where and by whom and to whom and at what price was

the same so sold ; and have you or hath or have any other

person or persons and who by your order or to your use

or by the order or to the use of any other person or per-

EXAMINATION OF PARTIES AND OTHERS.

309

sons and whom at any time or times and when respectively
received the said purchase-money or any and what part
thereof, or for what reason doth the same or any and what
part thereof now remain unreceived and what hath become
thereof, and if the said ship be not sold for what reason
does the same remain unsold ?

2d. Whether or no have you or hath or have any other
person or persons and who by your order or to your use
received any sum or sums of money for the freight of the
said ship ? If yea, Set forth a full true and particular ac-
count of all and every such sum and sums of money which
hath or have been received by you or any other person or
persons by your oi'der or to your use for the freight of the
said ship, and when respectively and for what and from
whom and by whom all and every such sums were so re-
ceived, and set forth also whether any and what sum or
sums of money now remain due and owing in respect of the
fi'eight of the said ship, and from whom and for what all
and every such sums are due and owing, and why the
same respectively are unreceived ? aawiad b9t>^

3d. Whether or no have you paid any sums or sum of
money for the seamens' wages and other charges in respect
of the said ship forming a prior lien to the demand of the
said complainant, or for any bills drawn by the captain of
the said ship from the island of C. for the ship's disburse-
ments ? If yea, Set forth a full true and particular ac-
count of all and every the sum and sums of money which
hath or have been so paid by you and when and to whom
and for what all and every such sums were respectively
paid and disbursed ; Set forth &c.

As to the monies re-
ceived for the freight
of the ship.

As to the siims paid
for seamens wages,
and the ship's dis-
bursements.

310

INTERROGATORIES FOR THE

To ascertain the Imuh
occupied by the defen-
dant.

To ascertain the pro-
duce of the lands in
the occvpation of the
defendant, and the
value thereff, except
such parts in respect
-of which tithes have
been rendered.

To ascertain the nnm-
her of ewes and sheep
depastured and the
(quantities ofieooland
innnher of lambs
yielded bj) ihan, and

Interrogatories relating to tithes.
In the Exchequer.

Between T. W. clerk.

- Plaintiff,

and

J. M. esq. ----- Defendant.

Interrogatories exhibited on behalf of
the said complainant before A. M. esq.
Deputy Remembrancer of this honorable
court to whom this cause stands re-
ferred, for the examination of the said
defendant pursuant to the decree made

in this cause bearing date the day

of ^ •

1st. Set forth a full true and particular account and de-
scription of all lands which have been holden and occupied
by you within the parish of L. and the titheable places

thereof since the day of , or are now holden and

occupied by you ; and if any of such lands have not been
holden and occupied by you for the whole of the time since
the said day of , then set forth for how long re-
spectively such lands have been so holden and occupied by
you; and set forth also the quantities of all and every of
such lands, and how tlie same and every part thereof have
at all times since the time aforesaid been respectively ap-
plied in cultivation ; Set forth &c.

2d. Set forth a full true and particular account of all and
every the quantities of wheat barley oats peas beans and
other grain and hay and hay-grass and other produce what-
soever which have in each year since the time aforesaid
been reaped cut had taken or carried av.-ay from all and
every such lands respectively, and tiie true and utmost
value thereof respectively in each of the said years ex-
cept as to such parts thereof in respect of which the tithes
have been duly rendered to the complainant; Set forth &c.

3d. Set forth a full true and particular account of the
number of ewes and other sheej) which in each year since
the time aforesaid have been kept and depastured on the
said several lands, and also a full true and particular ac-
count of the number of such ewes and other sheep which

EXAMINATION OF PARTIES AND OTHERS.

:ni

have in each of the said years been shorn and have pro-
duced lambs, and the quantities of wool and the number
of Iambs which such ewes and other sheep have in each
of the said years yielded, and the true and utmost value of
such wool and lambs respectively ; and also a full true and
particular account of the number of cows producing calves
or milk, and the number of mares producing foals, and
the number of sows producing pigs, and the number of
hives of bees which in each of the said years since the
time aforesaid have been kept by the said defendant on the
said several lands, and the number of calves colts and pigs
and the quantities of milk and honey which such cows
mares sows and bees have in such of the said years re-
spectively produced, and the true and utmost value of
the same ; Set forth &c.

4th. Set forth a full true and particular account of the
number of sheep not producing lambs or wool within the
said parish or kept after shearing-time, and of the number
and kinds of all other barren and unprofitable cattle which
from time to time in each year since the time aforesaid
have been kept fed agisted and depastured on the said
several lands, and the kinds of all such cattle and the num-
ber of each kind, and for how long respectively and on
what lands in particular such sheep and other cattle were
so kept fed agisted and depastured, and also a full true and
particular account of the profits made by the agistment
of such sheep and other cattle respectively so far as the
same were agisted for hire, and of the value of the feed
and agistment of such other sheep and other cattle re-
spectively; Set forth &c.

5th. Set forth a full true and particular account of the
potatoes turnip and other garden stuff and the apples
pears cherries plumbs and other fruit which in each year
since the time aforesaid have been taken gathered and re-
ceived from the said several lands, and the true and utmost
value of the same respectively ; Set forth &c.

Gth. Whether or no have you since the time aforesaid
had or taken away any titheable matters and things what-
soever not hereinbefore mentioned and inquired after from
the said several lands? If yea, Set forth a full true and
particular account of such other titheable matters and
things which in each year since the time afoi-esaid have
been so had and taken by you, and the true and utmos,t
value thereof respectively ; Set fortli Sec.

the number of cotes,
mares, and soios ana
hives kept, and the
number of calves, colt:
and piys, and quan
titles of milk and ho~
ney produced.

To ascertain the num-
ber of barren and un-
projitable cattle de-
pastured, and theva
lue of the agistmen
thereof.

To ascertain the
qnantiiies of gar-
den stuff and fruit
gathered.

General inquiry as
to other iilheablc
mutters.

312

INTERROGATORIES FOR THE

Between T. H. F. Plaintiff,

and
T. P. and otliers, - - - Defendants.

To ascertain if the
defendants during a
particular period oc-
cupied any other and
what lands besides
those specified in the
decree.

To ascertain the pro-
duce of the lands in
the occupation of the
defendants, and the
value thereof.

Interrogatories exhibited on behalf of
the complainant before &c. [ the usual
title. "l

1st. Whether or no did any or either and which of you

at any time between the month of and the day

of hold and occupy any lands within the rectory and

parish of B.R. in the county of E. in the pleadings of this
cause mentioned, or the titheable places thereof, other than
the several lands which in the decree made in this cause
are mentioned to be in your respective occupations, and
which are hereinafter stated ; that is to say, the lands
called &c. in the said decree stated to be in the occupation
of the defendant T. P. ? If yea. Set forth respectively a
full true and particular account and description of all such
orher lands, and when and for how long respectively be-
tween the times aforesaid the same were so held and oc-
cupied by you, and the quantities thereof respectively ?
And set forth also a full true and particular account of the
resjjective quantities of the said several lands mentioned in
the said decree to be respectively occupied by you.

2d. Set forth a full true and particular account of the
purposes to which all and every the lands mentioned in
the said decree and hex'einbefore specified, and all other
the lands in the said rectory and pai'ish and the titheable
places tliej'eof which have been held and occupied by you
respectively between the times aforesaid, have in each year
between the said times been respectively applied in cul-
tivation ; And also a full true and particular account of all
and every the quantities and qualities of the wheat barley
oats peas beans and other grain and hay and hay-grass
hemp flax and other produce whatsoever which have in
eacli of the said years been reaped cut had taken and
carried away from all and every the aforesaid lands re-
spectively, and the true and utmost value thereof respec-
tively in each of the said years, distinguishing particularly
between the produce of the aforesaid lands cpeciiied in

EXAMINATION OF PARTIES AND OTHERS.

313

the said decree and the other lands occupied by you re-
spectively within the said rectory and parish and the tithe-
able places thereof.

3d. Set forth a full true and particular account of the
number of ewes and other sheep which in each of the years
between the times aforesaid have been kept and depastured
on the said several lands mentioned in the said decree and
hereinbefore specified, and on all other lands within the
said rectory and parish and the titheable places thereof,
which have been held and occupied by you respectively
between the times aforesaid ; And also a full true and par-
ticular account of tlie number of such ewes and other
sheep which have in eacli of the said years been shorn
and produced lambs, and the quantities of wool and the
number of lambs which such ewes and other sheep have in
each of such years yielded, and the true and utmost value
of such wool and lambs respectively, distinguishing as in
the last interrogatory mentioned between the lands spe-
cified as aforesaid in the said decree and the other lands
occupied by you respectively within the said rectory and
parish and the titheable places thereof.

4th. Set forth a full true and particular account of the
number of sheep not producing lambs or wool in the said
rectory or parish or kept after shearing-time, and of the
number and kinds of all other bai'ren and unprofitable
cattle which have in each of the years between the times
aforesaid been kept fed agisted or depastured on the said
several lands mentioned in the said decree and hereinbefore
specified, and on all other the lands within the said rectory
and parish and the titheable places thereof which have
been held and occupied by you respectively between the
times aforesaid, and for how long respectively such sheep
and other cattle were so kept fed agisted or depastured ;
And also a full true and particular account of the profits
made by the agistment of such sheep and other cattle re-
spectively so far as the same were agisted for hire, and
of the value of the feed and agistment of such other sheep
and other cattle respectively, distinguishing as in the od
interrogatory mentioned between the said lands specified
in the said decree and the other lands occupied by you
respectively within the said rectory and parish and the
titheable places thereof. -u.c arlj

To ascertain the num-
ber of ewes and sheep
depastured, and the
quantities of wool and
number of lambs
yielded by them.

To ascertain the num-
ber of barren and un-
profitable cattle rfe-
pastured, and the va-
lue of the agistment
thereof.

314

To ascertain the num-
ber of coics, marcs,
sows, and hives kept,
and the number of
calves, colts, and pigs,
and the quantities of
milk and honey pro-
duced.

INTERROGATORIES FOR THE

To ascertain the
quantities of garden-
stuff and fruit ga-
thered in each year.

General inquiry after
other titheable mat-
ters.

To prove an exhibit.

5th. Set forth a full true and particular account of the
number of cows producing calves or milk and the number
of mares producing foals and the number of sows producing
pigs and the number of hives of bees which in each of
the years between the times aforesaid have been kept by
you respectively on the said several lands specified in the
said decree and on all other the lands occupied by you
respectively within the said rectory and parish and the
titheable places thereof, and the number of calves colts
and pigs and the quantities of milk and honey which such
cows sows and bees have in each of the said years respec-
tively produced and the true and utmost value of the same
respectively, distinguishing as aforesaid.

6th. Set forth a full true and particular account of the
potatoes turnips and other garden-stuff and the apples
pears cherries plumbs and other fruit which in each of
the years between the times aforesaid have been taken
or gathered from the said several lands specified in the
said decree, and all other the lands occupied by you re-
spectively within the said rectory and parish and the tithe-
able places thereof, and the true and utmost value of the
same respectively, distinguishing as aforesaid.

7th. Whether or no have you or any or either and which
of you between the times aforesaid had or taken any tithe-
able matters and things whatsoever not hereinbefore men-
tioned and inquired after from the lands respectively occu-
pied by you within the said rectory and parish and the
titheable places thereof? If yea. Set forth a full true and
particular account of such other titheable matters and
things which in each of the said years between the times
aforesaid have been so had and taken by you respectively
and the true and utmost value thereof respectively, distin-
guishing as aforesaid.

8th. Look upon the paper or parchment-writing now
produced or shown to or by you at this &c. Whether or no
was the said produced writing at any time and when signed
sealed and delivered or in any and what manner executed
by any person and whom in your presence, and is your
name set and subscribed as a witness thereto of your proper
hand-writing? Declare &c.

9th. [To 2^rove the letters of institution \ see the od in-
terrogatory in p. 220, atitea.]

10th. [To 2^1'ove the mandate of induction ; see the Qd in'
terrogaturi/ in p, 208, aitlca.]

1

EXAMINATION OF PARTIES AND OTHERS.

315

Between &c.

Interrogatories exhibited &c. \^usual title
before a Master.]

1st. Set forth a full and particular account of all the hay
which your late father J. C. deceased had in each year from
in the year to in the year both in-
clusive from grass cut in each on lands in his occupation
within the parish of T. in the county of G. ; How much
per load was the hay which the said J. C. so had in each of
such years worth to be sold, and how much was the whole
of such hay which the said J. C. had in the parish in each
of such years worth at an average and taking one year with
another ? Set forth the matters inquired after according to
the best of your remembrance information and belief, and
as fully and as near as you are able from your memory
or belief or otherwise.

2d. Set forth a full and particular account of the potatoes
garden-stuff and fruit which the said J. C. had plucked
gathered and received in each year, and the quantity of
each sort in each year at an average and taking one year
with another ; And set forth the full value of each of such
kinds of produce which the said J. C. so had &;c. on such
lands in each of such years at an average and taking one
year with another ; Set forth &c.

3d. Set forth a full and particular account of all the
barren and unprofitable cattle which the said J. C. from
time to time had kept fed or depastured on any lands in his

occupation within the said parish of T. from the year

to the year both inclusive, and the kinds of all such

cattle and the number of each kind and how long they were
respectively so kept fed and depastured on any such lands,
and on what lands in particular the same were so from
time to time kept fed and depastured respectively, and
the number of eacli of such kinds of cattle which the
said J. C. so kept fed and depastured on any such lands
in each year at an average and taking one year with an-
other ; What was the value of the feed or agistment of
each of such kinds of cattle on such lands in each year,
and what was the value of the feed or agistment of them
at an average and taking one year with another? Set
forth ike.

To ascertain the quan-
tity of hay grown
during particular
years by the witness's
deceased father, and
the value thereof.

To ascertain the q%ian-
tity of garden-stuff
and f'uit gathered in
each year and the
value thereof.

To ascertain the num-
ber of barren and un-
profitable cattle de-
pastured, and the va-
lue of the agistment
thereof in each year.

316

INTERROGATORIES FOR THE

To ascertain the num-
ber of persons in the
deceased's family dii-
riiiy particular years.

To ascertain iheqnnn-
tities of milk had
daily, and the value
thereof.

To ascertain if the
tithes of any articles
mentioned in the pre-
ceding interrogatories
were delivered to or
set out for the plain-
tiff and how and the
particulars thereof,
and whether in as
good plight arid con^
dition as originally
produced.

A ho to prove whether
the particulars set out
tvei'e accepted, and
why not.

To ascertain whether
conipetisatio7i was
made to the plain /iff'
for his tithes or Easter
offerings.

4th. What numher of persons at the most of above the

age of years had the saidJ. C. in his family in the

parish of T. in each year from the year to the year

both inclusive ; or what number of persons had the

said J. C. in his family in the said parish in each of such
years at an average and taking one year with another ? Set
forth &:c.

5th. Set forth how many meals of milk the said J. C. had
in the said parish of T. in each morning and also in each

evening in the several years from the year to the year

both inclusive, and takins" one morning with another

and one evening Avith another ; and the quantity of milk
which was in each morning's meal and also in each evening's
meal at an average 8cc. ; And what was the value of each
of such mornings meals during such times and each of
such evenings meals during such times at an average and
taking &c. ; Set forth &c.

6th. Did the said J. C. or any person or persons on his
behalf at any time or times deliver to or for the use of the
complainant, or set out in any and what manner any quan-
tity of each or any or either and which of the several kinds
of titheable matters inquired after in each or any either and
which, of the 1st, 2d, and 5th interrogatories as or for the
tithe thereof or of any part thereof respectively? If yea.
Set forth all the several kinds which were so delivered, and
the quantities of each kind, and when and by whom and to
whom the same were respectively so delivered and in what
manner, and as and for tlie tithes of what particular quantity
of such respective kinds of titheable matters and things, and
whether all the particulars were so delivered or set out in as
gocd plight and condition as the same were when the same
were originally produced, or whether any and what par-
ticulars or kinds thereof and what quantities of each were
then in any and what degree and in what manner and by
what means spoiled or damaged or in a worse condition
than when the same were originally produced ; Were all the
particulars which were so set out accepted, or which of
them was refused to be accepted and for what reason ?
Set forth &c.

Tth. Did the said J. C. or any and what person on his
behalf at any time or times pay to tlie complainant or any
and what person or pei'sons for his use or on his behalf
any s;uni or sums of money in or towards satisfaction of or

EXAMINATION OF PARTIES AND OTHERS.

n?

for the tithes of or for all or any and which of the tithe-
able matters and tilings inquired after in the 1st, 2d, 3d,
and 5th interrogatories, and whether or not in or towards
satisfaction of or for the said J. C.'s Easter offerings?
If yea, Set forth the particulars of all the sums which
were so paid, and when and about what time or times
and by whom and to whom and for what in particular all
such sums were respectively so paid ; Set forth &c.

In the Exchequer.

Between T. H. clerk, - Plaintiff,
and
S. A. - - - - Defendant.

Interrogatories to be exhibited on behalf
of the said complainant before A. M. esq.
the Deputy to his Majesty's Remem-
brancer of this honorable court, for the
examination of the said defendant pur-
suant to the decree made on the hearing

of this cause bearing date the day

of .

* 1st. Set forth a full and exact account of all and each
of the several articles liable to the payment of small tithes
grown gathered or consumed by you or any person or per-
sons for your use since the day of up to the pre-
sent time u})on off or from the 57 acres of land in the pa-
rish of G. in the pleadings of this cause mentioned to be
in your occupation and described by you in your answer as
having been part of the dissolved monastery of N. in the
county of B., and also upon off or from the 186 acres of
land in your occupation in the said answer described as part
of your lands commonly called or known by the name of
Berry Farm, distinguishing the particular quantities of the
respective articles grown gathered or consumed in each
year, with the yearly value of such respective articles.

* 2d. Have you kept any and what book or books or any
and what papers or memorandums of the produce of the
small tithes of the several titheablc articles arising growing
and rcnewinj^ on the said 57 acres and 186 acres of land

To ascertain the se-
veral articles liable to
the payment of small
tithes grown or con-
sumed, and the value
thereof.

To ascertain whether
the defendant has
kept any books or ac-
counts of the produce

318

of the small tithes of
the titheable articles
grown and consumed
by him, and ichat has
become of such books.

INTERROGATORIES FOR THE EXAMINATION, &C.
within the respective years and this present year

I

or any or either and which of them ? If yea, Where is or
are such book or books papers or memorandums, and when
was or were the same last in your custody or possession ?
And set forth the title or description of such book or books
papers or memorandums so as to enable the said complainant
to call for the production thereof.

An interrogatory for the examination of a
person pro interesse suo.

Have you any and what estate right or interest in or to
the premises in the pleadings of this cause mentioned

situate in , or the rents and profits thereof, or in any

and what part or share parts or shares thereof? If yea,
Set forth the nature and extent of such your estate right
or interest, and how and in what manner you make out
or derive the same ?

[ 319 ]

SECT. IV.

FORMS OF INTERROGATORIES FOR THE CROSS-EXAMINATION
OF WITNESSES ( 1).

In Chancery.

Interrogatories to be administered for
the cross-examination of witnesses to be
produced sworn and examined on the
part of the plaintiffs in a certain cause
now depending and at issue in the High
Court of Chancery, wherein the Most
Noble Charles Duke of D. and J. S. are
complainants, and E. C. spinster is de-
fendant, on the part and behalf of the
said defendant.

* 1st. Did you act as the auctioneer of and put up to
sale by public auction the premises in the pleadings in this
cause mentioned ? If yea, Did you prepare or cause to
be prepared the printed particulars of sale by which the
said premises were sold, and by whom and by whose direc-
tion were such printed particulars of sale prepared, and by
whose direction and upon whose account and for whom did
you prepai'e or cause the same to be prepared? Did you
not or did not your assistants or some other agent of the
said complainants and who by name inform the company

As to witness having
acted as atictioneeTf
and prepared the par"
ticulars of sale ;

As to representations
made by him or the
plaintiff's agents at
the sale, that the pre-
mises were let on lease,

(I) An adverse party may cross-examine a witness to the
same point to which he has been examined in chief, but not
to any new matter; Dean and Chapter of Ely v. Sir Simeon
Stewart, 2 Atk. 44.

A party who examines a witness is boimd to keep him in
town for forty-eight hours after his production at the seat of
the adverse clerk in court ; and if cross-interrogatories are
left with the examiner within the forty-eight hours, the party
must keep the witness in town till his cross-examination is
finished. Where a witness left London before the forty-eight
hours were expired, the party producing him was ordered to
bring him back at his own expense, or the examination in

320

CROSS-INTERROGATORIKS.

and as to his having
produced an instrn-
inent jntrporting io
be the lease or a
copy of the lease re-
ferred to in the par-
ticulars of sale, and
also as to comments
made by him on the
covenants therein con-
tained.

present at tlie time of the sale of the said premises or re-
present to them that the said premises were let on lease
as stated in the said particulars of sale, and did you in
any and what manner explain to them such statement con-
tained in the said particulars of sale? Did you not pro-
duce and exhibit to the said company present at the time
of the said sale a lease or some paper-writing purporting to
be a lease of the said premises, and was or not the same
produced and shown to the said company by you or by
your assistants or some other agent of the said complainants
and whom by name, as the lease or copy of the lease of
the i^aid premises referred to in lot 2 of the said particulars
of sale? Did you not or did not your assistants or some
other agent of the said complainants and who by name
read or state from the said paper-writing or alleged or
pretended lease to the said company present at the time of
the said sale, the terms and conditions under which the
said premises in the pleadings of this cause mentioned to
be comprised in lot 2 of the said particulars of sale were
so stated by you or such other person or persons to be on
lease ? Did you not or did not your assistants or some
other agent of the said complainants and who by name
at the time of the said sale comment upon the covenants
and oonditions contained in such pretended or alleged lease,
and represent the same as being highly advantageous to a
purchaser and more beneficial to a landlord than what are
usually introduced into leases in general, and particularly
did you not or did not such person or persons represent or

chief to be suppressed ; Whiftuck v. Lysaght, 1 Sim. &. Stu.
446, 8. See the 25lh of the New Orders in Chancery, postea.

If a witness refuse to be cross-examined it is a cause of
exception to his testimony, and the court on motion will sup-
press iiis depositions ex parte; Wyatt's Prac. Reg. 419 ; wbere
H witness who had been examined on the part of the plaintiff
secreted himself before he could be cross-examined, the plain-
tiff was ordered to procure him to attend to be cross-ex-
amined within a fortnight, or in default, his deposition on the
plaintiff's part to be suppressed ; Flotcerday v. Collett, 1 Dick.
289.

Cross-examining a witness is no waiver in equity of an ob-
jection on the ground of interest to the competency of such ■
witness; Moorlwuse v. Be Passou, Coop. 300 ; S. C. 19 Ves. "
4:}3; and see note (1) io Si okes v. M'KerraX, 3 Hro. Ch. Ca.
by Kelt, p. '2'2'd; Vavghun v. Worruil, 3 Swaust. 3fl0.

CROSS-INTERROGATORIES.

321

fitate to the said company at the time of the said sale,
that the tenant of the said premises -was bound to keep the
same in repair, and was not entitled to timber from off
the same premises for that purpose, or to that or the like
or some other and what effect ? Declare &c.

* 2d. Did not Mr. A. the solicitor for the said defendant
apply to you for a copy or abstract of the alleged lease
under which the premises described as lot 2 in the pleadings
in this cause mentioned were stated to have been let, and
when or at what time was such application made ? Did
you not at the time of such application inform the said
Mx'. A. for the first time that no such lease had been then
granted, and had any such lease in fact been then granted ?
Declare &c.

* 3d. Did you not and when deliver to the said Mr. A. as
the solicitor for the said defendant a draft or copy of a draft
lease purporting to be the same as was produced by the auc-
tioneer or agent on behalf of the said complainants at the time
of the said sale, or what did you represent the same to be
at the time, and what passed between you and the said Mr. A.
relative to such draft lease ? Did not the said Mr. A. return
such draft lease to you with some and what observations
thereon, and did you not afterwards and when return the
same to him with several and what alterations made, there-
in? Declare &c.

*4th. Did not the intended lessee of the said premises make
some and what objections to the said proposed draft lease,
and did not considerable negotiations take place between
you and the said intended lessee before the terms of the
said proposed draft lease were agreed upon and settled with
him? Did not the indenture of lease which was ultimately
executed by the said intended lessee contain several and
what clauses different and in v.diat respect from the sa'd
draft lease when first delivered to the said Mr. A., and also
different and in what respect from such draft lease when
last delivered to the said Mr. A. ? Declare &;c.

* 5th. What is the date of the said indenture of lease ?
When and at what time was the said indenture of lease of
the said premises and the counterpart thereof executed by
the lessor and the lessee thereof respectively ? And when
or at what time did you give or cause notice thereof to be
given to the said Mr. A. or to his copartners as the so-
licitor for the said defendant or to cither and which of

Vol. II. X

As to apjilication
being made to ivitness
by the defendant's so-
licitor for a copy of
the alleged lease, and
whether the same had
in fact been granted.

As toiritness having
delivered to the de-
fendant's solicitor a
draft lease p urporting
to he the same as wcs
produced at the sale,
ruhat passed relative
thereto, and as to the
alterations v:hich were
made by ivitness there-
in.

As to the objections
made by the intended
lessee to the proposed
draft lease, and the
negotiations which
took place in conse-
cpience thereof and
in what respect the
lease when executed
differed from the draft
when first delivered.

As to the date and
time of execution of
the lease and when
noti.-e thereof v:as
gireti. to the dcfend-
o Ill's solicitor.

122

CROSS-INTERROGATORIES.

The conchidmg ge-
neral interrogatory.

them, and deliver or cause to be delivered to him or them
a copy of such lease ? Declare &c.

*6th. Do you know any other matter or thing not in-
quired after by these interrogatories which may tend to the
benefit or advantage of the said defendant in this cause ?
If yea, Set forth the same fully and at large as if you had
been thereto particularly interrogated.

An to the knowledge
of a steward or land-
agent of the value and
nature of coal mines,
in tchat capacity he
was employed by the
deceased owner there-
of, and as to his oc-
cupation in life pre-
viously thereto.

Whether a deed ivas
readover tot he grantor
previous !y to his exe-
cuting the same, and
whether he was aware
of the terms thereof
or the effect thereof,
and the mode of pay-
ment of the conside-
ration-money.

* Was the said L. N. capable at the time when the said
agreement was made of forming an accurate judgment or
competent opinion of the value of the coal mines or beds
of coals under the lands and grounds in the said memo-
randum of agreement and release comprised; And had he
as you do for any and what reason know and believe any and
what knowledge of and practice in such matters or in any
matters relating to coal mines, and had he ever and when
been employed in any coal mines or in or about concerns or
business of that description, or was he in any respect ac-
quainted therewith, and had he in any and what manner
been in any way obtaining knowledge and information of
the nature and value of coal mines, and in what capacity or
character was he employed by the said Sir T. B. deceased,
and especially at the time when the said memorandum of
agreement and release were respectively made and thence-
forth to the time of his decease, and what had been his
business or occupation previously to his being so employed
by the said Sir T. B. ? Declare the truth and your utmost
knowledge remembrance and belief herein.

* Upon what occasion of and prior to the execution of
the said release by the said Sir T. B. was the same read
over by or to him, and by whom by name was the same read
over to him ? Was the said Sir T. B. as you do for any and
what reason know or believe aware of the terms and con-
ditions of the said release, and in particular of the number
of acres of coal thereby conveyed and the mode of pay-
ment for tlic same, and that the same might be gotten as
quickly as possible, and that the payment for the same
would not be completed for 276 years or for any and what
number of years, and that according to the terms of the
said release he would he a trespasser if he entered the pits

CROSS-INTERROGATORIES.

,323

of the said company to ascertain that the iron stone and
Upper bed of coal were not damaged or carried away, and
that the coals then under the lands then occupied by the be-
fore-named S.F. &c. or any and which of them were therein
comprised ? Set forth the several matters inquired after by
this interrogatory fully and at large according to the best
and utmost of your knowledge remembrance information
and belief, together with the means of knowing and reasons
for believing the same, and the truth declare &c.

* If the said Sir T. B. had been aware of all or any and
which of the circumstances in the last preceding interroga-
tory mentioned or that the said upper bed was intended to
be included so as to destroy and lock up the iron-stone,
would he as you do and for any and what reason know^ or
believe have executed the same ? And did he not execute the
same in confidence that the said release had been prepared
with a view to the fair and equal benefit of both parties, and
in ignorance that such terms and conditions as in the pre-
ceding interrogatory mentioned were contained therein,
and if not, why not? And had not the said Sir T. B. a high
opinion of the said J. H. and J. J. or of one and which of
them, and did he either read over the whole of the said
release or any and what part thereof himself or give direc-
tions that any other person should do so for him before he
executed the same ? And if yea. Whom did he direct to
read over the whole of tiie said release or any and wliat
part thereof, and to whom and in whose presence were sucii
directions given ? Set forth &c. [cuncludc as in the prc-
eeding interrogatory.^

As to a party havhicf
execvted a deed with-
out its having been
examined by him or on
his part and in covji-
dcnee that it had been
fairly prepared.

* What was the age of L. N. at the time wlien the me-
morandum of agreement in the pleadings in this cause men-
tioned was made, and what was the state of his bodily
health and mental faculties at that time; had lie not been
twice or how often stricken with palsy previously thereto,
and was he not thereby to a great or to some and what ex-
tent or from some and what other cause inefficient or in-
capacitated to transact business requiring knowledge and
skill, or requiring the exercise of mental faculties to
transact the same, and in particular was not the said li. N.

X 2

As to the age and
slate of mental f acui-
ties of a steirard or
land a(,'e?it, and iclie-
tlier tliut from attacks
of palsy he was not
iiieapuvitdted or vn~
e<pial to enter into a
contract relating to
tool mines, icith a
view to securing the
interest of his em-
ployer.

;324

CROSS-INTERROGATORIES.

As to the character of
the hand-writing of
certain letters, {ivrit-
ten by a sietvard or
land agent), and whe-
ther the same ivas not
more feeble than at
an earlier period, and
tchether he was not
then in fact in a feeble
state of health.

unfit anJ unequal to treat for the sale of the said coal
mines and for making proper stipulations and provisions for
carrying such treaty into effect ? Declare the truth and
your utmost knowledge remembrance information and belief
herein.

*■ Were you not acquainted with the hand-writing of the
said L. N. for a long and for some and what period of time
in particular before the two letters dated respectively the
31st day of October 1789 and the 18th day of December
in the same year, marked respectively with the letters
( C ) ( D ) and which have been produced and shown to you
were written or do bear date, and is not the manner or cha-
racter of hand-writing of the same respectively a different
character and manner from that wherein the said L. N.
wrote at some and what earlier period during the time you
have known his hand-writing, and in particular is not such
character or manner of hand-writing much more unsteady
and indistinct and more scrawling and so far as you can
judge more feeble than the character or manner of the said
L. N.'s hand-writing at some and what earlier period in par-
ticular of your acquaintance with him, and do you not know
or believe and for some and what reason that the said L. N.
was in a feeble state of health at the time when the said
two letters do respectively bear date ? Declare the truth
of the matters aforesaid, together with your utmost know-
ledge and belief herein and your reasons for the same.

1

Interrogatories to be administered
for the cross-examination of witnesses
to be produced swoi-n and examined on
the part of the plaintiff in a certain
cause now depending and at issue in
the High Court of Chancery wherein
M.H. is complainant and J. H. and
E. his wife, E. R. and H. L. and J.H-
an infant are defendants, on the part
and behalf of the said defendant J. H»

As to the due eu.e- * 1st. Arc you a subscribing witness to the pretended or

cntion of a tcill. alleged last will and testament of J. H. deceased in the plead-

ings of this cause named, and which has been exhibited to you

325

CROSS-INTERROGATORIES.

on your examination on the behalf of the said plaintiff? If
yea, Did the said J. H. sign the said pretended or alleged
last will and testament and publish the same as his last will
and testament in your presence and in the presence of the
other subscribing witnesses thereto or either and which of
them as you know, and were you all present together with
him when he signed and pubUshed the same as his last will
and testament or how else? And did you and the other
subscribing witnesses to the said pretended or alleged will
respectively or either and which of them sign or set your
or their name or names as subscribing witnesses to the sign-
ing and publishing thereof by the said J. H. in the presence
of the said J. H. or how else ; and did not you or the sub-
scribing witnesses to the said pretended or alleged will or
one and which of them attest and subscribe the same when
the said J. H. was not present ? And on what day and at
what time of the day and w^hen was the said pretended will
signed and published by the said J. H. and attested by you
and the other subscribing witnesses, and how came you to
be an attesting witness to the said pretended or alleged
will, and by whom were you requested to be present at the
signing and publishing thereof and to attest the same ?
And was there or not some other and what last will and
testament of the said J. H. at the time when he signed and
published the said pretended or alleged will? And if yea,
What has become thereof? Declare &c.

■* 2d. Are you a subscribing witness to the alleged writing As to the rcjuhli-
or memorandum at the bottom of the pretended or alleged cation oj the uill,
last will and testament of J. H. deceased in the ]>leadings
of this cause named and which has been exhibited to you
on your examination on behalf of the said plaintiff, and
alleged to be a re-execution and republication thereof by
the said J. H. deceased ? If yea. Did the said J . H. sign
the said pretended or alleged writing or memorandum in
your presence and in the presence of the other subscribing
witnesses thereto or either and which of them as you know,
and were you all present together with him when he signed
and published the same as a re-execution and republication
of his last will and testament or how else? And did you
and the other subscribing witnesses to the said pretended or
alleged writing or n^cmorandum respectively or either and
which of them sign or set your or their name or names as

testator.

320 CROSS-INTERROGATORIES.

subscribing witnesses to the signing and publishing thereof
by the said J. H. in the presence of the said J. H. or how
else ? And did not you or the other subscribing witnesses to
the said pretended or alleged writing or memorandum or one
and which of them attest and subscribe the same when the
said J. H. was not present ? And on what day and at what
time of the day and wiien was the said pretended or alleged
writing or memorandum signed and published by the said
J. H. and attested by you and the other subscribing wit-
nesses, and how came you to be an attesting witness to the
said pretended or alleged writing or memorandum, and by
whom were you requested to be present at the signing and
publishing thereof and to attest the same ? And v»'as there
or not some other and what last will and testament of the
said J. H. at the time when he signed and published the
said pretended or alleged writing or memorandum? And
if yea, What is become thereof? Declare &c.

As to the snTiity mid * 3d. How do you know and what particular reason have
vientalcapucitijofthe you to believe that the said J. H. was of sound and dis-
posing mind memory and understanding at the time when
he signed and published the said pretended or alleged will
or writing or memorandum? And was he or not or might
he or not for any thing you know or have any reason to
believe to the contrary be at the time of unsound and un-
disposing mind memory and understanding and incapable
of making a will, and how did you consider him to be in
that respect? And in what state of health of body and of
what age was he at the time? And what opportunity had
you to judge of his sanity or insanity or of his capacity or
incapacity to make a will or conduct his worldly affairs?
And did or not you or the other attesting witnesses respec-
tively or any or which of them converse with him at or
before or after the time when you say he signed and pub-
lished the said pretended or alleged will or writing or me-
morandum ? And if yea, Was his conversation sensible and
indicative of his capacity to make a will and manage his
concerns or how else? And had you or not any acquaintance
or intimacy with him for any and what length of time before
or after he as you say signed and published the said pre-
tended or alleged will or writins; or memorandum ? And
was he or not in some and what manner as you know or
believe and why influenced and prevailed upon and by whom

1

CROSS-INTERROGATORIES. 327

to make the said pretended or alleged will or to sign or
publish the said alleged writing or memorandum ? And was
he or not under great mental imbecility from his age and
infirmities ? Declare &:c.

* 4th. Do you know any other matter or thing not in- The cottdufUng gene-
quired after by these interrogatories which may tend to im- '""^ mtarogatonj.
peach the validity of the said pretended or alleged will or
writing or memorandum to the benefit of the said defendant
J. H. in this cause ? If yea, Set the same forth.

Title of interrogatories for the cross-examination
of a party examined pro interesse suo.

Between W. A., - - - - Plaintiff,
and
H. S. &c. &c. - - Defendants.

Interrogatories exhibited before W. W. P.
one of the Masters of the High Court of
Chancery for the cross-examination of the
above-named defendant W. O. pursuant to an
order made in this cause bearing date the

— — day of , whereby it was ordered that

the said defendant W. O. be at liberty to ^o
before Mr. P. one of the Masters of the said
jcourt, and be examined pro interesse suo.

128

CROSS-INTERROGATORIES.

Interrogatories to the competency of witnesses, ex-
Jub'tted to them on their cross-examination ( 2 ).

As to icitness being
interested in the event
of the suit, and ivhe-
thcr he is not defend-
ant in an actiou of
trespass in iv/dcfi the
title to the lands in
question is depending ,
ichether a verdict ivas
7iot found for the
plaintiff's at laiv, and
whether execution is
not stayed by injunc-
tion.

* Are you not interested in all or some and which of the
matters in issue between the parties or some and which of
them in this suit, and shall you not and in some and what
manner lose or gain by the event thereof, and especially
are you not the defendant in an action of trespass or in
some and M'hat action at law wherein the defendants in this
cause or some and which of them are plaintiffs, and wherein
is or was at issue or depending either mediately or imme-
diately the right and title of the complainants and defend-
ants in this cause or of some and which of them to the
same beds or strata of coal, the right and title whereto is
litigated and in issue in this cause, or to some and which
of the same beds or strata, or to some or what other beds
or strata of coal, and has not a verdict been found in the
aforesaid action at law in favor of the plaintiffs therein,
and is not execution stayed therein by the order and in-
junction of the High Court of Chancery obtained in tliis
cause upon the application of the complainants or of some
and which of them therein ? Declare the truth of the se-
veral matters aforesaid, together with your utmost know-
led "e and belief herein.

(2) If a witness is interested and is known to be so previously
to his examination, a general interrogatory should he IVanied
requiring him on his cross-examination to answer whether or
no iie is interested ; and it" he uatraly denies that he is in-
terested, the party aliected by his evidence may discredit the
witness by examining other witnesses as to the truth of that
proposition; 2 Madd. Cli. Pr. 422 ; (there may however be a
general interrogatory to every witness whether he has any in-
terest, Purcell \. Maenamaru, 8 Ves. ;J25, 2d edit.). If how-
ever a party Las omitted to examine a witness as to Iiis in-
terest in the suit, he may before publicaiion move on alhdavit
for leave to re-examine the witness as to the fact of interest;
.see Vaughan v. Wdrrall, 2 Madd. Rep. 322, 328; which case
was aflirmed on appeal, 2Macld.Ch.Pr. p. 422, note(#).

If a man is examined as a witness and is at his examina-
tion disinterested, but afterwards becomes interested and either
plaintiii" or defendant in the cause, his depositions may be
read ; Goss v. Traccy, I F. Wms. 238 ; Glynn v. The Bank of
J^ugland, 2 Ves. sen. 42 ; Cope v. Parry, 2 Jac. & W. 538, 0.

CROSS-INTERROGATORIES.

329

* Have you not lately and since this suit was insLitutctl,
and at what time in particular, become a co-partnei' together
with the before named several complainants or some and
which of them in the establishment or concern called or
known by the name or style of the " L M Com-
pany" and in the pleadings mentioned, and have you not
thereby or by some and what other means acquired, and
have you not now and do you not and for what reason
claim to have a beneficial interest or some and what intei'est
in the beds or strata of coal the right and title whereto is
litigated in issue between the complainants and defendants
or some and which of them in and by this suit, or a
beneficial or some and what interest in some and which of
the said beds or strata of coal or in some and what parts
thereof, or in some and which of the several matters whereto
this suit has relation? Declare the truth of the several
matters aforesaid, together with your utmost knowledge
and belief herein.

As to whether witness
has not become co-
partner with the
plaintiff's in the con.'
cern carried on by
them, aiid whetJier he
does not claim a be-
neficial interest in
the lands the title
whereto is in issue
between the parties.

* Shall you not be in some manner a gainer or be other- As to whether witness
wise affected in case the will of the said J. H. should be has not an interest in
estabHshed and carried into execution? If so, Set forth *^'^ establishment of
how and in what manner or in what respect you are likely
to be a gainer or affected thereby; Declare ik,c.

the will in question.

Interrogatories for the examination of a ivit-
ness on the voir dire as to his being interested ( 3 ).

{For a form of titles vide ante a, No. 11. p. 151.]

* 1 St. Have you any and what interest in the performance
or non-performance of the agreement in the pleadings of
this cause mentioned ? And if yea. Set forth the nature
of such your interest and how the same arises ; Declare &c.

* 2d. Have you any and what interest in the determi-
nation or decision of this cause, or can you by any and
what means gain or lose by the event of the said suit ?
Declare &c.

To ascertain what in-
terest witness has in
the performance of
the agreement in
question.

As to his interest in
the event of the suit.

(3) See Stokes v. M'Kerral, 3 firo. Ch. Ca. 228; S. C. cited
l)y t!ic Vice-Chancellor iti Vamjhan v. Worrull, 2 Madd. Kcp,
328.

330 ARTICLES TO DISCREDIT AVITNESSES.

As to any nhliqnlinn * 3tl. Are you under any and what honorary or legal ob-

he may be under to ligations and to whom to pay or secure or to see paid or

payorsevvre the dc- secured the costs or any part of the costs of the said de-

jenduHts costs. „ , , . i , i ■ • i • • i v i i

•^ lendant which she has or may mcur m this suit or be hable

by decree or otherwise to pay ? Declare &c.

Articles to discredit loitnesscs ( 4 ).

Articles exhibited by A. B. com-
plainant in a certain cause now depend-
ing and at issue in the High Court of
Chancery wherein the said A. B. is
complainant and C. D. defendant, to
discredit the testimony of E. F., G. H.,
and J. K. three witnesses examined
before L. H. esq. one of the examiners
of the said court on the part and be-
half of the said defendant ( 5 ).

1st. The said A. B. doth charge and allege that the said
E. F. hath since his examination in the said cause owned
and acknowledged that he is to receive or be paid and also

(4) A party is at liberty to examine a witness by general
interrogatories as to the credit of the witness, and in contra-
diction of such facts sworn to by the witness as are not material
to what is in issue m the cause ; Pnrcell v » 3Iacnamara, 8 Ves.
327, 2d edit., and the cases referred to in note (31), ibid.

Examinations to the credit of witnesses can only be by order
upon special application with notice, whether before or after
publication; but though it is a special motion, it is not neces-
sarj- in all cases that it should be accompanied by affidavits, see
Watmore v. Dickinson, 1 Ves. & B. 267, and note (6), 2 Madd.
Ch. Pr. 423. If evidence as to the credit of a witness is taken
upon the examination in chief it may be suppressed as imperti-
nent; Mill y.Mill, 12 Ves. 409; 2 Madd. Ch. Pr. 423, 4.
There is no precise time within which the examination as to
credit is to take place ; Piggott v. Croxhall, 1 Sim. & Stu. 467 ;
in which case the plaintiffs were allowed to examine by general
interrogatories ( in support of articles ) as to the credit of the
witnesses, and also as to the fact of their having previously to
their examination made declarations contrary to their deposi-
tions, the Court being of opinion that the fact of such declara-
tions was not material to the issue in the cause.

Forms of titles of interrogatories to discredit the testimony
<nf witnesses will be found in pages 101, 2. antca.

(5) See 2 ^cwl. Ch. Pr. p. 317.

ARTICLES TO DISCREDIT WITNESSES. 3Qi

that he doth expect a considerable reward gratuity recom-
pense or allowance from the said defendant in case the said
defendant recovers in the said cause or the said cause be
determined in his favor, and that the said E. F. is to gain
or lose by the event of the said cause.

2d. The said A. B. doth charge and allege that the said
G. H. and J. K. are persons of bad morals and of evil fame
and character, and that they are generally reputed and
esteemed so to be, and that the said G. H. and J. K. are -^

persons who have no regard to the nature or consequences
of an oath, and that they are persons whose testimony is not
to be credited or believed.

The title must be varied if the depositions are
taken by commission ; As thus :

Articles exhibited by A. B. complainant in
a certain cause depending and at issue in
the High Court of Chancery wherein the said
A. B. is complainant and C. D. defendant, to
discredit the testimony of E. F. and G. H.
two witnesses examined by virtue of a com-
mission issued out of the said court to J. K.
and others directed for the examination of
witnesses in the said cause upon certain in-
terrogatories exhibited before them for that
purpose, and which said witnesses were exa-
mined in the said cause on the part and
behalf of the said defendant.

[ 332 ]
CHAPTER XVI.

FORMS OF O R D E R S ( 1 ).

I. Order to amend an Answer.

Forasmuch &c. that the defendant since putting in his answer
to the plaintiff's bill hath discovered that in the title to his said
answer he hath made a mistake in the christian name of the plain-
tiff by calling him instead of , It is therefore prayed that

the defendant be at liberty to take his said answer off the file and

amend the same in the title thereof by naming the plaintiff

instead of , which is ordered accordingly, and that after such

amendment the defendant do re-swear the said answer.

(1) As by the practice of the Registers two days elapse before an
order is delivered out by the Register after it has been made, the
solicitor should, whenever it is an object to save that lime, as where
an order has been made to dissolve an injunction nisi, or to confirm
a report nisi, draw up the order himself on the same day on which it is
obtained, and carry it to the Register's ofiice to be passed and entered
immediately. So also where an order for the transfer of stock has
been made, two days may be saved by the solicitor drawing out the
Registers certilicate (without which the Accountant-Genend refuses
to act), and carrying it to the Register to be signed; the following is
a conmiou form of such certificate :

To the Accouutant-General of )
the Court of Chancery, )

Morris v. Jolmson.

Pursuant to an order made in this cause, bearing date the day

of -^ , £ (in tvords at length) bank three pounds per cent, an-
nuities, being one-third part of the sum of .€ like three pounds

per cent, annuities standing in your name in trust in this cause, are to
be transferred unto the defendant Samuel Johnson.

ORDERS. 333

II. Order that ho7ids of submission to arbitration be made an
order of court.

Whereas the plaintiff and defendant have severally entered into
bonds &;c. [ reciting the bonds ] which said bonds vrere duly ex-
ecuted as by the affidavit of a subscribing witness thereto

now produced and read appears, It is on the motion of ordered

that the said bonds of submission entered into as aforesaid be made
an order of this court, and that the said parties do submit to and
be finally concluded by the award which the said arbitrators shall
ftiake pursuant to the said submission according to the statute in
that case made and provided.

III. Order directing that an agreement be made an order

of court.

Whereas by articles of agreement bearing date &c. it is recited
and agreed as follows ; ( that is to say ), [ settijig forth the instru^
ment verbatim ] ; Now upon motion &c. and upon producing one
part of the said articles under the respective hands and seals

of , and praying that the same may be made an order of this

court, It is ordered that the said agreement be made an order of
this court, to be observed and performed by the parties thereto ac-
cording to the tenor and true meaning thereof, Mr. of counsel

for consenting thereto.

334'

ORDERS.

* IV. Order for payment of the plaintiff^ s costs, part to the
executors of his deceased solicitor, and other part to his
present solicitor; the deceased solicitor before his death
obtained an order for taxation, but died before the same
was completed.

Vice Chancellor.

Wednesday the day of

year &c. 1825.

in the Gth

Between J. S. on belialf of himself and all other

the creditors of B. R, deceased, Plaintiffs,

J. R., M. D., and others, - Defendants.

Recital of pe-
tition,

stating an order
made on t'nrthcr
directions, di-
recting a refer-
ence to the Mas-
ter to tax tiie
plaintiff's sub-
sequent costs,
and payment
tliereof to his
solicitor.
Death of the so-
licitor before tiic
taxation, liaving
made a will and
appointed two of
the petitioners
his executors,
who proved the
will, and that the
other petitioner
has since acted
as the plaintiff's
solicitor, and
brought the suit
to a close ;
Statement of the
amount of the
costs taxed, and
apportionment
thereof between
tiie petitioners ;

Whereas A. C. and C. R. and C. C. did on the 26th day of
July 1825 prefer their petition unto the Right Honorable the Lord
High Chancellor of Great Britain, setting forth that by the order
made on the hearing of this cause on further directions and bearing
date the 1st day of August 1823, It was amongst other things re-
ferred to the Master to tax the parties' costs subsequent to the
last taxation thereof, and wliat should be taxed for such subsequent
costs of the plaintiff should be paid by the Accountant-General of
this court to Mr. T. O. or his solicitor; That before the completion
of the said suit and taxation of costs the said INIr. T. O. died,
having duly made his will and thereby appointed the petitioners
A. C. anel C R. executors thereof, who have since duly proved the
same in the Prerogative Court of Canterbury ; and the petitioner
C. C. since his death has acted as the solicitor of the said plaintiff,
and prosecuted the said suit to a close ; That the said taxation of
costs has lately been completed, and the costs of the said plaintiff
amount to the sum of ,£245 as appears by the said Master's report,
and that such part thereof as had accrued in the said T. O.'s life-
time and belong to his estate is the sum of .£183 which the first-
named two petitioners are entitled to receive and be paid as such
executors as aforesaid, and the residue thereof amounting to the
sum of £62 the petitioner C. C. is entitled to receive and be paid as
the said plaintiff's present solicitor in the said cause, but the said Ac-
countant-General cannot pay the same to the petitioners without the

ORDERS. n35

order of this court ; And therefore praying that instead of the direc- and praying that

tion in the said order dated the 1st day of August 1823 to pay out '"",*:^'' "/ *'''' '*'■

JO I J rection in the

of the sums therein mentioned wliat should be taxed for the plaintiff's former order, the
subsequent costs to Mr. T. O. his solicitor, the said Accountant- ^enUmSt'^be'
General might be directed to pay to the petitioners A. C. and C. R. dUected to pay-
or one of them as such executors as aforesaid, the sum of £183 part cutorsof the de-
of the said plaintiff's said subsequent costs, and also to pay to the ceased solicitor,

^ , ,, , . .^/ ^ -^ and ^62 to the

petitioner C C the said plaintitt s present solicitor the sum of £62 present solicitor,
the residue thereof; Whereupon all parties concerned were ordered
to attend his Lordship on the matter of the said petition, and
counsel for the said petitioners this day attending accordingly, upon
hearing the said petition, the said order dated the 1st day of August
1823, the Master's report dated &c., the probate of the will of the
Baid T. O. dated &c. read, and what was alleged by the counsel for
the petitioners ; This Court doth order that instead of the direc-
tion in the order made in this cause bearing date the 1st day of Au-
gust 1823 to pay out of the sums therein mentioned what the Master
should tax for the plaintiff's subsequent costs of this suit thereby
directed to be paid to Mr. T. O. the plaintiff's then solicitor, and
which costs have since been taxed by the said Master at the sum of
.£245, the sum of c£l83 part of the plaintiff's said subsequent
costs be paid to the said petitioners A. C. and C. R. or one of
them as such executors as aforesaid, and that the sum of £G2 the
residue thereof be paid to Mr. C. C. the plaintiff's present solicitor ;
And for the purposes aforesaid the said Accountant-General is to
draw on the bank according to the form prescribed by the act of
parliament and the general rules and orders of this court in that
case made and provided.

V. Order for a sheriff's officer to attend with a suitor wliom
he had arrested on his returning from court.

Whereas Mr. L. as counsel for R. A. B. this day moved the Riglit
Honorable the Lord High Chancellor of Great Britain that the said

R. A. B. who on the day of was arrested by J. L. the

officer for the sheriff of Middlesex in an action at the suit of
S. H. gent, might be discharged out of the custody of the said
sheriff, for that the said R. A. B. at the time of such arrest was
returning home from this court after his attendance as plaintiff on
a motion made in a cause depending therein wherein he was })laintiff
and H. and others were defendants, or that the said J. L. might

33G ORDERS.

bring the said Mr. B. into this court, Whereupon and upon hearing
an affidavit of the said R. A. B. read, His Lordship doth order
that the sheriff for the county of M. do attend with the said R. A. B.
in this court to-morrow on the sitting thereof.

VI. Order for the discharge of a suitor who had been arrested
on leaving the court.

Complaint being this day made to the Right Honorable the

Master of the Rolls by Mr. as counsel for the plaintiff in

this cause that on yesterday the the plaintiff E. H. on leaving

this court when this cause was partly heard was arrested, and the
said plaintiff E. H. being present in court in custody of W.J. A.
one of the officers of the sheriff of Middlesex who arrested her,
and the said plaintiff being sworn and examined and deposing that
she is one of the plaintiffs in this cause, and that on her return and
before she got home she was arrested by the said W.J. A. by virtue
of a warrant from the sheriff of Middlesex at the suit of the de-
fendant D. R. for a debt of £ , and the warrant being produced

in court, It is thereupon ordered that the said plaintiff E. H.
be forthwith discharged out of custody.

VII. Order that the plaintiff may make his election to proceed
at laiv or in equity.

Forasmuch as this court was this present day informed by Mr.

being of the defendant's counsel that the plaintiff doth prosecute
the said defendant both at law and in this court for one and the
same matter, whereby the defendant is doubly vexed ; It is there-
fore ordered that the plaintiff do within eight days after notice to
his attorney at law and clerk in court make his election in which
court he will proceed, and if he shall elect to proceed in this court,
then his proceedings at law are hei-eby stayed by injunction, but in
default of such election by the time aforesaid, or if the plaintiff
shall elect to proceed at law, then the plaintiff's bill is from thence-
forth to stand absolutely dismissed out of this court with costs to
be taxed by Mr. one of the Masters of this court.

ORDERS. 337

Viil. Order for tJie separate examination of femes covert as
to the application of a sum of money.

Upon motion &c. It is ordered that the said the wife of

and the wife of do severally attend or any

of them, to be solely and secretly examined by them separate and
apart from their said husbands how and in what manner and to what

uses they are willing and desirous that may be paid and applied ;

and the said or any of them who shall take such exami-
nations are to take the same in writing signed by the said re-
spectively, and to certify the same in writing under their hands and

the signing of the said and such certificates are to be verified

by affidavit ; and upon the return of such certificates such order
shall be made as shall be just.

IX. Order that a defendant, a foreigner residing abroad, may
answer in his own language, and directing that the answer
be translated by a notary public into English.

Upon motion &c. that the plaintiff" having exhibited his bill into

this court against the defendant that lives at in the kingdom

of , he hath appeared thereto and hath obtained an order for

a commission for taking his answer at , and such commission

hath issued accordingly ; That the defendant doth not understand
the English language, and therefore it was prayed that the defend-
ant may be at liberty to swear his answer in the language, and

that a notary public may be appointed to translate the same into
the English language, and that he may be sworn to the true trans-
lation thereof, and that such translation may be filed with the de-
fendant's other answer, which is ordered accordingly, but notice
hereof is first to be given to the plaintiff"s clerk in court.

X. Order directing that certain exhibits proved on a commission
abroad be delivered to a notary public to be translated, and
that his translation thereof may be read at the hearing of
the cause.

Upon motion &c. that the plaintiff* having examined several wit-
nesses in in this cause, ^jeveral of the plaintiff"* exhibits and

Vol. II. y

338 ORDERS.

proceedings are written in the language, and therefore it was

prayed that such of the said proceedings and exhibits as are written

in the language may be delivered to a notary public in order

to translate the said several proceedings and exhibits into the

English language, that the said may be sworn to the true

translation thereof, and that such translation may be read at the
hearing of this cause, which is ordered accordingly, saving all
just exceptions.

XI. Order appointing an interpreter upon the examination of a
foreigner as a witness.

Upon consideration this day had by the Right Honorable the
Master of the Rolls of the hvunble petition of the plaintiff, stating
(amongst other things) that this cause is at issue and that J. L. P.
of &c. is a material witness for the plaintiff, and that the said
J. L. P. speaks the French language but does not understand the
English language so that the plaintiff cannot have the benefit of his
testimony without the assistance of an interpreter; And therefore
it was prayed and his Honor doth accordingly order that B. B.
of &c. be appointed interpreter to the said J. L. P. on his being
examined as a witness in this cause on behalf of the petitioner ;
And that the said B. B. be sworn truly to interpret the oath to be
administered to the said J. L. P. and also the interrogatories on
which he shall be examined and his depositions to such interro-
gatories, and likewise to keep such depositions secret until publi-
cation shall duly pass in this cause, of which notice is first to be
given to the defendant's clerk in court.

XII. Order for an injunction enjoining the defendant to
deliver j^ossession to the plaintiff.

Upon motion &c. it was alleged that by the order made on the
hearing of this cause, it was ordered that the defendant should
deliver possession of the estate in question and all deeds and writings
in his custody or power relating thereto to the plaintiff'; That the
defendant who is in possession of the said estate was served with a
writ of execution of the said order, and the plaintiff required him
to deliver possession which he refused to do as by the affidavit
appears ; and an attachment having been made out against the said
defendant, It was therefore prayed that an injunction may be awarded

ORDERS.

33D

against the said defendant to enjoin him to deliver possession of the
said estate to the said plaintiff pursuant to the said decree, which
upon reading the affidavit is ordered accordingly.

XIII. To dissolve an injunction nisi.

Whereas the plaintiff obtained an injunction for stay of the de-
fendant's proceedings at law until the defendant should answer the
plaintiff's bill, and this court make other order to the contrary ;
Now upon motion this day made by Mr. being of the defend-
ant's counsel, it was alleged that the defendant hath since put in a
full and perfect answer to the plaintiff's bill and thereby denied the
whole equity thereof, And it was therefore prayed that the said
injunction may be dissolved, which is ordered accordingly unless

the plaintiff his clerk in court having notice hereof shall on

show unto this court good cause to the contrary.

XIV. Order made upon shoiving cause against dissolving an in-
junction, exceptions having been talien to the defendants
answer, — reference directed to the Master to certify ivhether
the answer is sufficient or not, provided his report be ob~
tained within a limited time.

Whereas by an order of the day of for the reasons

therein contained, it is ordered that the injunction granted in this
cause for stay of the defendant's proceedings at law should be dis-
solved, unless the plaintiff his clerk in court having notice thereof
should on this day show unto this court good cause to the contrary ;
Now upon motion &c. it was alleged that the defendant having put
in an insufficient answer to the plaintiff's bill, the plaintiff' hath
taken exceptions thereto, since which the defendant hath not put in
any further answer although the defendant's is very insufficient as
the plaintiff is advised ; And therefore it was prayed that the said
injunction may be continued until the said defendant hath put in a
perfect answer to the plaintiff's bill ; Whereupon and upon hearing
of what was alleged by the counsel on both sides. It is ordered that

it be referred to Mr. one &c. to look into the plaintiff's bill

the defendant's said answer and the plaintift"s said exceptions, and
certify whether the said answer be sufficient or not ; But the plains

Y 2

140

ORDERS.

tiff IS to procure the Master's report in days, or in default

thereof the said injunction is to stand dissolved without further
motion, which in the mean time is hereby continued.

* XV. Order made on the i^ctition of a purchaser directing a
r^erence to the Master to inquire at what time the vendors
( who were trustees for sate ) had shown a good title, and
when the incumbrancers and all parties interested were
ready to join ; what expences had been incurred by the pur-
chaser in getting in the iiicumbrances, arid in the exectition
of certain instrtcments, which ought not to have been borne
by him, and also what dilapidations have taken place.

Friday the 5th day of August, &c. 1825.
Between T. Tunstall esq. and M. I. his wife,

&c. ---------- Plaintiffs,

and
F. M. Trappes and E. his wife &c. Defendants.

And between the said T. T. esq. and M. I.
his wife &c. ------- Plaintiffs,

and
M. A. Tasburgh &c. - - - - Defendants.

And between B. Rawson esq. - - Plaintiff,

and
The said M. A. Tasburgh &c. - Defendants*

Whereas the above named B. Rawson did on the 22d day of June
last prefer his petition unto the Right Honorable the Lord High

Chancellor of Great Britain, setting forth that on the day

of 1821 the petitioner entered into a contract or agreement in

writing with the above named defendants in the third mentioned
cause whereby &c. [This petition is inserted at length antea, vol. 1.
p. 665 ; the recital of it in the order was precisely the same as tltere
stated as far as the sfate?nent of the order of the 2lst of Augtist in
p. 672, by which the time for completing the purchase was enlarged
to the I5ih day of November; the order proceeded thus/]

That the said conveyances and assurances were not executed by
all parties thereto by the said 15th day of November last, several
of them having made various objections and others requiring certain
conditions and compensations to be previously given or secured to

ORDERS.

to them ; And by another order of his Lordship made in the said
cause, and also in the other two causes thereinbefore mentioned,
upon the application of the defendants to the said thirdly mentioned
suit, and bearing date the 13th day of November last, It was or-
dered by and with the consent and approbation of all parties bene-
ficially interested in the said purchase ( being the several parties to
the first mentioned cause, or who had already executed the said
conveyance ) that the said time for completing the same should be
further enlarged to the 10th day of January then next, and that
upon the execution of the said conveyances releases mortgages and
other assurances approved of by the Master by the parties thereto
respectively except C.T. party thereto for whose signature within
two years the petitioner thereby agreed to accept the undertaking
of J. J. P. and G. P., and the fine levied by F. M. T. and E. his
wife, and satisfaction of or a sufficient substantial indemnity against
the judgments remaining unsatisfied on the rolls, and when the said
conveyances releases mortgages and other assurances were so exe-
cuted, the said fine levied, satisfaction so entered or indemnity given,
and possession of the said estates delivered to the petitioner except
the portion thereof in the possession of the defendant J. S., and the
said conveyances and releases and the title-deeds evidences and
writings deposited in the office of Mr. C. the Master to whom these
causes stood referred ready for delivery thereof to the petitioner,
after payment of the purchase-money. It was ordered that the full
amount of the purchase-money, except ef 1030 and „£'3000, being
,the sum of i'48,685, should be paid by the plaintiflT into the bankj
in the name and with the privity of the Accountant-General of this
court to the credit of the three causes subject to the several charges
liens and incumbrances affecting the said estates and to the further
order of the court, but without prejudice to the claims of the
plaintiff* for costs and dilapidations; And it was ordered that
£2520. 9^. 6d. part of the said £%8,685 when paid in should be
carried over to a separate account in these causes, to be entitled
" The account of the S. estate," upon which W. R. the mortgagee
of that estate was to have the first claim for principal interest
and costs in respect of such mortgage money and costs ; And it
was ordered that the mortgage for „£'I030 should be paid off* within
one month after the execution thereof, and that upon the execution
of proper and sufficient releases such sum of 4^1030 should be also
paid by the petitioner into the bank to the credit of these causes ;
And it was ordered that the interest of the ofoOOO remaining on
mortgage should be also from time to time during the life of the said
K M. T. paid hito the bank to the credit of these cau«c.^, and upon

Ul

342 ORDERS.

payment of the sum of £48,685 as aforesaid by the petitioner, It
was ordered that the said title-deeds evidences and writings should
be delivered up by the said Master to the plaintiff, and that the pos-
session of the portion of the said estates in possession of the said
J. S. should be then delivered by him to the petitioner, and that the
purchase-money should not be paid out without notice to all parties in
the said order named, and that the petitioner should be let into the
receipt of the rents and profits as from the 1 1th day of October instant,
paying interest from the 1st day of November then instant to the day
of paying the money into court ; That the said conveyances releases
and other assurances were not completed and executed or the other
matters and things in the said recited order mentioned done and per*
formed by the said 10th day of January, and the time for doing or
pi'ocuring the same was enlarged to the 10th day of February last, and
from thence the same was further enlarged to the 15th day of March
last, when another order was made in the said three causes, and
bearing date the same 15th day of March last, whereby the said
time was by and Vv'ith the like consent as aforesaid still further en-
larged to the 20th day of April last; And it was ordered that the
provisions in the said order of the loth day of November last, so
far only as regards the payment by the petitioner into the bank in
the name of the Accountant General of the full amount of the pe-
titioner's purchase-money except the sum of ^£1030 and £3000, and
his being let into the receipt of the rents and profits of the said
estates from the 11th day of October last, paying interest from the
1st day of November to the day of paying the money into court,
should be varied, and instead thereof, It was ordered that the peti-
tioner should on or before the said 20th day of April then next,
and when the said conveyances releases mortgages and other assur-
ances were executed, such execution to be certified by the Master,
and when the other matters and things directed in the said order
to be done before the payment of the purchase-money into court,
were done and performed as directed by the ^said order (the same
to be verified by affidavit ), pay into the bank with the privity of
the said Accountant-General his said purchase-money with interest
to be there placed to the credit of the said three causes as afore-
said, but subject and without prejudice as in the said order men-
tioned, and that the petitioner should be let into the receipt of the
rents and profits of the said estate from the 5th day of April then
next ; That the said conveyances releases and assurances and other
matters and things in the said order mentioned v.ere not completed
and done and performed by the said 20th day of April last, but by
another order of this court bearing date the 2d day of May 1825,

ORDERS. 343

the said time was finally enlarged to the 9th day of May last, and
the said order of the 15th day of March 1825 was also thereby
vai-ied and directed to be as follows, viz. That the time for execut-
ing and settling all proper and necessary conveyances releases mort-
gages and assurances of the estate and premises to the petitioner
the purchaser, which stood enlarged by the said order of the 13tli
day of November 1824 to the 10th day of January 1825, and which
had been further enlarged to the said 15th day of March last,
should be further enlarged to the 9th day of May then instant,
and that the provisions of the order dated the 13th day of
November 1824 so far only as regards the payment by the pe-
titioner into the bank in the name of the Accountant-General of
this court of the full amount of his purchase-money except the
sums of ofSOOO and of 1030 in the said order mentioned, and being
let into the receipt of the rents and profits of the said estates from
the 11th day of November then last, paying interest from the 1st
tlay of November to the day of paying the money into court should
be varied, and instead thereof that the petitioner should on or
before the 9th day of May instant, and when the said conveyances
releases and other assurances ( the said mortgages excepted ) were
executed, and when the said matters and things directed by the
said order dated the 13th day of November 1824 to be done before
the payment of the purchase-money into court were done and per-
formed as directed by the said order of the 13th day of November
last, pay into the bank with the privity of the said Accountant-
Oeneral to be there placed to the credit of these causes, his
purchase-money, except the said sums of .£3000 and £1030 as
aforesaid, being the sum of £48,685 with interest, but subject and
without prejudice as in the said order mentioned, he the petitioner
as to his own execution and the defendants M. A. T., S.T.S., and
C. V. the trustees as to the execution by themselves and all other
parties (except the plaintiffs in the first and second causes, and
except the defendants R.W., I. S., andR.O.) undertaking to pro-
cure the execution of the mortgages on or before the 2Gth day of
May then next, and of the release of the mortgage for £1030 on
or before the 2Gth day of June then next, the execution of such
mortgages and releases as to the excepted parties being undertaken
for by them respectively, the said mortgages and releases so far as
the same had not already been approved of by or on behalf of the
parties to be settled by the said Master in case the parties differ
about the same, and that £2520. 9s. 6d. part of the i!'48,G85
when so paid into the bank shall be carried over to a separate
account in these causes, to be entitled " The account of the is.

344 ORDERS.

estate;" upon which W. R. tlie mortgagee of that estate was to
have the first claim for principal interest and costs in respect of
such mortgage, and that upon the execution of a proper and
sufficient release for the said mortgage of of 1030, the petitioner
should pay the said sum of .£1030 and the interest thereon into
the bank with the privity of the Accountant-Greneral to be there
placed to the credit of these causes subject to the further order of
this court, and that the petitioner should also pay the interest of
the £3000 remaining on mortgage from time to time during the
life of the said F. M. T. into the bank with the privity of the said
Accountant-General to be there placed to the credit of these causes,
the amount to be verified by affidavit, subject to the further order
of this court, and that the petitioner should be let into the receipt
of the rents and profits of the said estates from the 5th day of
April last ; That the said defendants to the thirdly mentioned suit
having at length completed the said conveyances and done and
performed the matters and things in the said several orders re-
quired of them, the petitioner on the 7th day of May last paid his
said purchase-money, except as aforesaid, into the bank, as by the
same orders directed, part whereof has been carried over to the

separate account of the said estate, and the whole has since,

pursuant to another order of this court, been laid out in the pur-
chase of bank £3 per cent, annuities, in the name of the said Ac-
countant-General In trust in these causes, subject to the further
order of the court ; That it was in and by the said purchase con-
tract provided that inasmuch as the said manor land and heredita-
ments at N. aforesaid were subject to certain family portions not
exceeding in the whole £7300 for persons some of whom from legal
disabilities might for a time be incompetent to release the said estate,
a full and sufficient sum of money for securing the payment of such
portions should be set apart from the said purchase-money and be
invested by the said defendants and petitioner their respective
heirs executors administrators or assigns on government security in
the joint names of trustees, two of whom to be named by the said
defendants and two by the petitioner, until the payment and release
of such ])ortions, and a proper deed or instrument in writing should
at the expense of the said defendants the vendors be prepared and
executed by such trustees declaring tlie trusts thereof, which deed
when so executed as aforesaid should be deposited with the peti-
tioner his heirs appointees or assigns, but it was afterwards agreed
by all parties and at the request of the defendants in the third
mentioned cause, that to avoid setting aside so large a part of the
said purchase-money as would be required to secure such portions

ORDERS. 345

upon government security, the petitioner should retain the two
sums of ^1030 and .^3000 being the only portions which were in-
capable of being released, and grant mortgages of competent parts
of the said estates for securing the payment thereof when the parties
entitled thereto should be enabled to release the same, and which
mortgages were prepared and approved of by the said Master with
the other deeds and instruments, and are the same as are mentioned
and referred to in the said recited orders ; That immediately after
the payment by the plaintiff' of his purchase-money and his obtaining
his said conveyances, he did according to his undertaking in the
last order execute and deliver over such two mortgages, and has
also prepared and delivered for execution a release for the said
sum of £1030, and is ready and desirous of paying off" the same
with the interest accrued thereon immediately the same is executed ;
That since the date of the said purchase agreement and during the
period the title to the said estates and premises had been under
investigation, and the subsequent length of time consumed in the
settlement of the said conveyances and the said inquiry as to the
necessary parties thereto and obtaining the concurrence and exe-
cution thereof by such parties, the said estates and premises and
the buildings thereon have become greatly dilapidated, and the
mortgagees and other incumbrancers in possession thereof have
suffered the tenants thereof to carry off* the produce thereof and
otherwise cultivate the same in an unhusbandlike manner contrary
to the custom of the country, whereby the land is greatly dete-
riorated, and the petitioner has lately caused the same to be sur-
veyed and the damage estimated, and the same is found to amount
to a very large sum of money, which the plaintiff* is advised and
submits he is entitled to have paid back to him out of the said
purchase-money as an abatement, the same having been expressly
paid under the several orders without prejudice to the said pe-
titioner's said claim ; That from the circumstances in the said
Master's report of the number and amount of the incumbrances and
of the various proceedings and negociations and other matters in-
cident to the situation of the several parties, the conveyances and
assurances to the petitioner have been greatly increased in number
and length, and the expenses thereof and of the said purchase
throughout have been also thereby greatly increased; and the
plaintiff* submits that he is entitled to be paid all such increase of
expenses thereof out of the said purchase-money so paid by him
into court as aforesaid, or that the said defendants in the third
mentioned cause as vendors, are themselves bound to contribute
thereto such portions of the said expenses as have been occasioned by

34(> ORDERS.

reason of such incumbrances proceedings and negociations or inci-
dent thereto, or as shall exceed the amount the petitioner would have
had to bear had the said defendants the said vendors in the first
instance procured conveyances of the several interests of such in-
cumbrances to themselves, and then have conveyed to the pe-
titioner by a common conveyance, and to be allowed the same as
trustees in their accounts, and the petitioner has also at present
been at the expense of the said two mortgages and the proceedings
relative thereto for securing the parts of the said purchase-money
for the said parties stated to be under legal disabilities and as pro-
vided by the said purchase agreement, but which it is thereby also
provided should be paid by the said defendants in the third men-
tioned cause as hereinbefore stated ; and the plaintiff has also
entered into a certain deed of covenant for the production of the
title-deeds of the said estates for the purposes of the inquiries in
the first mentioned cause, the expenses whereof it has been agreed
should be borne by the said defendants ; And therefore Praying that
it might be referred back to the said Master to tax the petitioner
his costs of the said third mentioned suit, and also his costs of the
second mentioned suit, and the costs of the said several orders
and applications and other proceedings made and had in the said
three suits jointly and in the said thirdly mentioned suit separately,
Or if necessary, that it might also be referred to the said Master
to inquire and certify to this court whether the said defendants had
shown a good title to the said estates and premises, or whether they
were able to execute or procure to be executed to the petitioner
good and sufficient conveyances releases and assura,nces of the same
free from all incumbrances save as appears by the said contract or
agreement for sale previously to the filing of the petition in the said
thirdly mentioned cause, or at what period they made out such
good title or were able to execute or cause or procure to be exe-
cuted such conveyances releases and other assurances as aforesaid ;
And that the said Master might also ascertain and allow to the peti-
tioner the part or proportion of the costs charges and expenses of the
said several conveyances releases and other assurances, and of the va-
rious proceedings negociations and other matters and things incurred
and paid by him in consequence of or by reason or means of the
number of incumbrances on the said estates and of the situation of
the said several parties and incident thereto, together also with such
costs charges and expenses as petitioner has incurred or may incur in
or in relation to the said mortgages granted to secure the said portions
as provided by the said purchase contract, and of the releases when
paid off, and also of the said deed of covenant entered into by the

ORDERS. 347

petitioner as aforesaid and of the production thereunder and incident
thereto respectively ; And that it might also be referred to the said
Master to take an account and vahiation of the dilapidations which
have taken place on the said estates and premises since the date of
the said agreement and of the deterioration and waste committed
thereon since the same period and previously to the plaintiff taking
possession thereof; And that what the said Master shall tax for the
plaintiff's said costs of these suits respectively, and what he shall
allow for the part or proportion of the said other costs charges and
expenses hereinbefore mentioned, and also what he shall certify to
be the amount or valuation of the said dilapidations deteriorations
and waste might be paid back to the petitioner out of his said
purchase-money so paid into the bank as aforesaid ; and that for
this purpose the Accountant-General might be directed to sell so
I much of the sum of c£50,870, 3 per cent, consolidated annuities
! now standing in his name in the books of the bank of England
i In trust in these causes as will raise sufficient to pay the same ;
Whereupon all parties concerned were ordered to attend his Lord-
ship on the matter of the said petition ; And counsel for the petitioner
and for the plaintiffs in the first and second causes, and for the de-
fendants F. M. T. and E. his wife, F. T. &c. Sec. &c. this day at-
tending accordingly, no one attending for the other parties although
they have been duly served with a copy of the said petition and or-
der thereon as by affidavit now read appears, upon hearing the said
petition, the agreement dated &c. &c. [referring also to the several
orders] read, and what wms alleged by the counsel for the petitioner and
for the said parties. His Lordship doth order that it be referred
back to the Master Mr. C. to inquire and state to the court at what
i time the defendants the vendors in the third mentioned cause had
i shown a good title to the estates and premises, and when the several
• incumbrancers and other parties joined, and when they were ready
' to join respectively in the conveyance thereof to the petitioner, the
purchaser ; And it is ordered that the said Master inquire whether
any and what costs charges and expenses have been incurred and
sustained by the said petitioner, the purchaser, in and about getting
in the several incumbrances on the said estates and the mortgages
to secure the portions and the deed of covenants mentioned in the
petition and incident thereto which ought not to be borne by the
petitioner, the purchaser; And it is ordered that the Master do
; also inquire and state to the court whether any and what dijapi-
' dations have taken place upon the said N. estate between the date
of the contract for sale thereof and the petitioner taking possession,
and to distinguish at what times such dilapidations have taken place.

^48 ORDERS.

and the parts of the said estate upon which the same liave so taken
place ; and the said Master is to be at liberty to state special cir-
cumstances arising out of any of the said inquiries, and the same
are to be without prejudice to the costs thereof respectively ; and
it is ordered that the rest of the petition do stand over.

XVI. Order for the apiio'intment of a receiver tvith liberty to
let the estate with the approbation of the Master. (See
No. LXIII. and No. LXIV. of the Neiv Orders in Chan-
cery, postea.)

Upon opening &c. It is ordered that it be referred to ftlr. &c.

to appoint a proper person to be receiver of the rents and profits
of the real estate of — — , and to allow him a reasonable salary for
his care and pains therein, such person so to be appointed receiver
first giving security to be allowed of by the said Master and to be
taken before a Master Extraordinary in the country if there shall
be occasion, duly and annually to account for and pay what he shall
so receive as this court shall direct, and the tenants of the said
estate are to attorn and pay their rents in arrear and growing rents
to such receiver, who is to be at liberty to let and set the said
estate from time to time with the approbation of the said Master
as there shall be occasion.

N. B. If the estate be in Ireland say, *' and let the person who
" shall be appointed receiver of the rents and profits of the said es-
" tate in Ireland give security to be approved of by the said Master;
** but the recognizance is to be acknowledged by the person so to
" be appointed receiver before a Master of the court of Chancery
*' in Ireland, and to be duly entered and enrolled according to the
" course of that court ; and the taking and enrolling thereof is to
*' be duly certified to this court by one of the Masters of that
" court."

If there be copyhold estates and courts to be held, add at the
end the following words : " and let such courts as have been usually
*' held and are proper to be held for the copyhold estate, be from
** time to time held by the receiver in the name or names of the
" person or persons in whom the legal estate is, and let the receiver
" bring into this court his account of all such fines and other
" profits as shall be taken by him at such courts."

If a manor, insert before the preceding clause " and any other
*' person or persons in receipt of any part of the profits of the said
" manor arc also to pay the arrears and growing payments thereof

ORDERS. 349

" to such receiver," and conclude thus, " and let such receiver let
'* or set such part or parts of the land and premises and the quit
** rents and other manorial rights and profits of the said manor
" as have been usually let or set by copy of court-roll or otherwise
*' according to the custom of the said manor with the approbation
•* of the Master as there shall be occasion."

XVII. Order made upon 2)etition for sale of an estate ; with
liberty to the jjetitioners to proceed in a suit in the names
of the plaintiffs upon indemnifying them against the costs.

It was ordered on the consent of the parties therein mentioned,
that the said estate should be sold before the Master, together or
in parts as the said Master should think fit, and all proper parties
were to join as the said Master should direct; And in order to
the said sale, all deeds and writings in the custody or power of
any of the parties relating thereto were to be produced before the
said Master upon oath ; And it was ordered that the money arising
by such sale should be paid by the purchaser or purchasers into
the bank in the name and with the privity of the Accountant-Ge-
neral of this court, to be there placed to the credit of the said
cause, subject to the further order of this court ; And it was further
ordered that S. T. &c. the petitioners should be at liberty to
proceed in the said suit in the names of the plaintiff's A. S. &c.,
the petitioners indemnifying them against all costs which might be
occasioned thereby.

XVIII. Order for a sequestration against a member of
parliament.

Upon motion &c. it was alleged that the defendant who is a
member of parhament f, hath been served with a copy of the
plaintiff"s bill, and a subpoena to appear to and answer the same,
to which he hath appeared accordingly, but hath not put in his
answer thereto though his time for so doing is expired; It is
THEREUPON ORDERED that a commissiou of scciuestration do issue,
directed to certain commissioners to be therein named, to sequester
the defendant's personal estate, and the rents issues and profits

3-30 ORDERS.

of his real estate, until tlie defendant shall fully answer the plain-
tiff's bill and this court make other order to the contrary, unless
the defendant having personal notice hereof shall within eight
days after such notice show unto this court good cause to the
contrary.

fN. B. If the defendant be a peer, say: — "Who is a peer of
" this realm, hath been served with a copy of the plaintiff's bill,
*' the letter of the Right Honorable the Lord High Chancellor of
" Great Britain, and a subpoena to appear," &c.

XIX. That service of a subjjoena 071 the defendants attorney
he deemed good service on the defendant.

Upon motion &c. it was alleged that the defendant prosecutes
the plaintiff at law and cannot be found to be served with a sub-
poena, as by affidavit appears, and it was therefore prayed that
service of a subpoena to appear to and answer the plaintiff's bill
upon the defendant's attorney at law be deemed good service on
the defendant to compel him to appear to and answer the plain-
tiff's bill, which upon hearing the said affidavit read is ordered
accordingly.

ORDERS. 351

*XX. Order made on an infant's having attained tiventij-one,
directing an immediate transfer to her of a sum of stocky
and payment of the accruing dividends thereon, also pay-
ment of a sum of cash in the hank to her solicitor, and
further directing upon the execution by her of the con-
veyances of certain estates to the purchasers thereof, under
a decree for sale made during her minority ( icliich decree
is set forth in the recital of the petition ), a transfer to be
made to her of a sum of stock purchased with the monies
produced by sale of the estates, and p«_?/;»ew^ of the ac-
cruing dividends thereon. ( The petitioner having married
previously to the transfer of the latter sum, and covenanted
that the same should be transferred to the trustees of the
settlement executed previously to her marriage, it became
necessary to obtain another order, which is itiserted postea,
p. 358.)

Vice Chancellor.

Wednesday the 8th day of August &c. 1827.

Between J. M. and i. his wife, E. L. and M.

his wife, _ _ - - Plaintiffs,

and

J. S., J.W. andL. his wife &c. Defendants.

Whereas the above-named defendant L. L. S. did on the 1st day Recital of pe-
of August instant prefer her petition unto the Right Honorable the ^'''""'
Lord High Chancellor of Great Britain, setting forth thatW.S. ^•,^^inj;/,,;^;'|J:^.
late of &c. deceased, by his last will and testament bearing date tutor devised a
the 8th day of June 1809 duly executed and attested for the va- '^JXf foriil's
lidity of devises of real estates, gave and devised unto his mother Kniaiuder lo his
C. S. the messuage &c. for and during the term of her natural life, '",'\!iti,\\;e'i')ai-'
and from and immediately after her decease in case she survived mentof^soo;
the said testator, which event happened, he gave and devised the
same premises unto his son J. S. his heirs and assigns for ever,
subject nevertheless to and charged with the payment of the sum
of £500 which he directed should be considered as part of his
personal estate; And the said testator also gave and devised unto ^^^^J^j;;;'J'',';,"',|!J'"
his wife M. S. the messuage &c. for and during the term of her "J),'^ f„V life, le-
natural life, and from and after the decease of his said wife, in ';;';;:;;\*r.';^ I;,;,',';;,,
case she survived the said testator (which she did) he gave and „iiii the iMvinent
devised the said last-mentioned premises unto his said son J. S. his »» -iiooo;

352;

ORDERS.

heirs and assigns for ever, subject nevertiiciess to and charged antl

chargeable with the payment of the sum of £1000 which he di-

Beqnest of tlie rected should be also considered as part of his personal estate, and

sonai" estate and ^"^ ^^^^ residue of the said testator's personal estate as well as the

of the two sums said several sums before-mentioned to be considered as his per-
of rZ 500 and , . , . ^ , , u

^1000 to his sonal estate, he gave and bequeathed unto his five daughters equally

e ^uaH^"-^''^^'^ to be divided between them as particularly mentioned in the said

Death of the tes- "^^^^ ? That the said testator departed this life on or about the

tator leaving his (Jay of , leaving his said mother C. S. who departed this life

niotiier and wife ° ^ •it»to

snrvivini;, who on or about the day of December ■, and the said M.S.

have since died ; .^i.^ ^jj^^j ^^ ^^. ^^^^^^ ^^^ j ^f January ; That the said

Death of the tc^^i /-i ■ -, -, ii ii-j

devisee in fee in- ^' ^- I'le son ot the said testator and to whom he gave and devised

testate leaving a tj^^ said estates charged as aforesaid after the death of the said C. S.

vridow, and the i m . .

petitionerhisonly and M. .S., also departed this life on the day of intestate^

hdress a*! law an ^^^^ ^"g the defendant L.W. then L. S. his widow and the petitioner

infant ; his only daughter and heiress at law him surviving ; That the said

Marriage of the L. S. afterwards intermarried with the defendant J.W., and they as

QG visGt's widow

with the defend- ^he baihffs or guardians of the petitioner entered into the possession

ant J.W. , who as yf t]^g gj^jd estates SO devised and charged as aforesaid and into the
guardian ot the • r i t

petitioner enter- receipt of the rents and profits thereof; That by an order made in

of 'Jhe E?ed"" '^"^ ^^"^^ bearing date the 23d day of December 1817, it was re-
estates, ferred to Mr. C. then one of the Masters of this court, to take an
rectiii" a refer-' account of what was due for interest on the said sums of c£lOOO

ence tothe Mas- and of.jOO so charged on the said estates as aforesaid, and also to
ter to take an , t^ ■, i ^ o -i i •

Mcconnt of wliat take an account ot the rents and proiits or the several premises so

was due for inte- charged witli the payment thereof, which had come to the hands of

rest on the sums . ,

of ^500 and or been received by the said defendants J.W. and L. his wife or by

conn't^of^the're'nts ^"^ person or persons by their or either of their order or for their or

of the estates either of their use ; And it was further ordered that the said several

■with received by pi'emises SO respectively charged with the payment of the said sums of

the defendants ^1000 and .foOO or SO much or such part thereof respectively as the

■wife; said Master should deem necessary, should be sold with his appro-

Also directing a |5ation to the best purchaser or purchasers that could be got for the
sale of the estates ' ^ ® _

charged with the same to be allowed of by the said Master, wherein all proper parties

' were to join and concur as the said Master should direct, and in

the petitioner to order thereto, All deeds and writings were to be produced, and the

tainin<'*^2?" unless' Petitioner was also to join in such sale when she should attain the

reuse shown to the age of twenty-one years, unless on being served with a subpoena
contrary within , , . , • •, ■, , . . i i i • i •

six months after to silow cause against the said order, the petitioner should withm

attamuig 21, g^j^ months after attaining that age show good cause to the contrary ;

And in the mean time it was ordered that the purchaser should hold

monies t'o'he pakl ^"^^ eiijoy the same against the said defendant the petitioner and

into the hank; her liclrs j And it was ordered that the monies to arise by such sale

ORDERS. 353

should be paid into the bank with the privity of tlie Accoun(ant-

General of this court to be there placed to the credit of this cause,

" The amount of monies produced by sale of real estates," subject

to the further order of the court ; That the said Master by three By three reports

several reports of sale bearing date respectively the 13th day of cenme'S'^fartiu-

October 1818 vvhich were all duly confirmed, certified that he had whole of the pn-

been attended by the solicitors for all parties, and that it appearing been sola hi thn'e

to him to be necessary that the whole of the premises so charged '"*'*'

as aforesaid should be sold, he had therefore provided to sell the

same in three lots in manner therein mentioned, and by one of such

reports he certified thatW. F. of &c. (one of the defendants) was

the best bidder for and the purchaser of the premises comprised

in lot 1 at the price or sum of oflOOO, and that in the conditions that the drfond-

it was stipulated that the purchaser should pay for the fixtures in pnrehiiscr ofiot i

and about the same according to the valuation therein mentioned, ?tofi«oo hKhlfl-
, . , . , . 1 r. 1 II 1 '"" '''e value ot
which m the particular of sale was stated to have been made at the the (iMiires ;

sum of o£15, which said sum of £15 being added to the sum of
of 1000 they made together the sum of i,'1015 being the whole pur-
chase-money for lot 1 ; And by another of such reports he certified that J.G. and
that J.G. and J.S. of &c. were the best bidders for and the pur- .,i,',.chascrs oT
chasers of the premises comprised in lot 2 at the price or sum o£ lot2at dlio^O;
j£l320; And by the other of such reports he certified that J. M.
of &c. (one of the plaintiffs) was the best bidder for and the pur-
chaser of the premises comprised in lot 3 at or for the price or sum aiKl that (he
of oflOOO, and that in the said conditions it was stipulated that the ^as'tlic pin-*
purchaser of the said lot 3 should pay for all fixtures belonging to f''a'^er of lot 3

1 t . 1 • 1 • 1 1 • 1 "' ^10(10 111-

the vendors according to the valuation therein also mentioned, winch ,-iii,!iiii; iiic value
in the particular of sale was stated to have been made at the sum "' ''Muns;
of £5, which being added to the sum of ^1000 made .-£"1005 the
whole amount of the purchase-money for the said lot 3 ; That the statemont of tl;o
said Master by his general report under the said order also certified ,,,,"f„',' |ls(^i'ri!,iii-
that he had computed interest at <£4 }:ier cent, per annum on the i'>-' ii|e >""||'"h
said two several sums of efiOOO and ^"500 from the times of the |„"*,i„! 'tJ,', s.lm's
respective deaths of the said C. S. and M. S. to the 27th day of '^^-',,|""" "'"'
January 1821 the date of that his report; and he found that there " '
was due for interest on the said sum of cflOOO the sum of £237,
and on the said sum of iT;00 the sum of £S2, making in all the
sum of £319; and he foui;d that there had been received by the 'also" file amount
said defendants J. W. and L. his wife on account of the rents and u,. lZ\^\uirin>m
profits of the said several premises the several sums sot fortli in the ih.' <l.i.'i„h.MiH
schedule to his report amounting to Xboo, but tnat tiiey had ])iua
expended or disbursed thereout on account of the same premises the
several sums also set forth in the schedule to his report amounting
Vol. II. z

354

ORDERS.

to of 97 which being deducted from the said £535 there remained

a balance of of 438 which he found due from the said defendants

that the amount J. W. and L. his wife on account of such rents and profits ; and he

ot piircliase-nio- ni r i i i i • n ni>ii j

nies had been lurtlier tound that the purchase-monies for all the said lots and
balfk'anVin! amounting altogether to ^"3391 had been paid into the bank with
vested in £3 the privity of the Accountant-General to the credit of this cause,
uuities"*^ ^"" " The amount of monies produced by sale of real estates," pur-
suant to the directions of the said order, and that the same had
been laid out in the purchase of of487I bank 3 per cent, annuities
in the name of the said Accountant-General in trust in this cause
as aforesaid, which together with the sum of £73 cash account due
for half a-year's dividend thereon then stood in trust to the credit

statement of a of the said cause as aforesaid ; That by another order made in this
subsequent order , . , i .^ , , « -r-, , ,^^, t it

confirming the cause bearing date the 13th day of February 1821, It was ordered

Master's report that the said Master's report dated the said 27th day of January 1821

and directing tlie 11,,

defendants j.W. should be confirmed, and that the said defendants J.W. andL. his

the smifof '^4^8 ^''^^^ ^^'''"^'^ ^"^ ^^ ^^^^ ^^^^^ ^um of £438 Certified to be due from
due from them on them and remaining in their hands on account of the rents and
rents of tlie pre- P^'ofits of the said estates and premises charged with the said sums of
mists, to pay £1000 and £500 in the said report mentioned, pay to the plaintiflT
d 6.S, and the re- J« M. in right of I. his wife the sum of £63, being one-fifth part
sidne to be paid of the sum of £319 certified to be the interest which had accrued

Jiito tlie bank to

the petitioner's on the said sums of £1000 and £500 from the time of the re-
account; spective deaths of the said M.S. and C. S., and the like sum of
£63, being one other fifth part thereof to the plaintiff E. L. in right
of the plaintiff M. his wife, the like sum of £63, being one other
fifth part thereof to the defendant C. S. the younger, the hke sum
of £63, being one other fifth part thereof to the defendant W. F. in
right of the defendant M. his wife, and the like sum of £63, being
the remaining one-fifth part thereof to the defendant T. G. in
right of the defendant M. his wife; And it was ordered that the
said defendants J. W. and L. his wife should pay the sum of £118
the residue of the said sum of £438 after making such several pay-
ments thereout as aforesaid into the bank with the privity of the
Accountant-General to be there placed to the credit of this cause
to an account to be entitled " The defendant L. L. S. her account
of dividends and interest;" And it was ordered that it should be
Reference di- referred back to the Master to tax all parties their costs of obtain-
Malter t°o 't'a'x "^g ^^^^ Said order of the 2^th day of December 1817, and of the
all parties their said Master's report and of the application for the now stating

costs, and direct- , ,, ipijo.ii

inirasale of so order, and that so much of the £48/6 bank 3 per cent, annuities
•unollnt" of Ttork ^^^^'" standing in the name of the said Accountant-General in trust
produced by sale in tbis cau.>e, " The amount of monies produced by sale of real

ORDERS. 355

estates," as would be sufficient to raise such costs when taxed, and of the estates as
also the several sums of £1000 and £500 should be sold in the clenfto^lise^he
usual manner, and out of the monies to arise by such sale, It was amount thereof,
further ordered that such costs shoxdd be paid in manner therein said two sums of
mentioned, and that the sum of £300 should be paid to the plain- »£ioooand^'50o,

.„ _ . t '^ and diiTctins; the

titt J.M. m right of the plaintiff I. his wife, being one-fifth part payment of those

of the said sums of £1000 and £500, and that the further sum of l^,,'^"''' "' ^'''

£300, being one other fifth part thereof, should be paid to the

plaintiff E. L. in right of the plaintiff M. his wife, and that the

further sum of ,£300, being one other fifth part thereof should be

paid to the defendant W. F. in right of the defendant M. his wife,

and that the further sum of £300, being one other fifth part thereof

should be paid to the defendant C. S. the younger, and that the

further sum of .£300 being the residue of the said two sums of

^1000 and £500 should be carried over to " The account of the

defendant M. G. and her children," to be laid out in manner

thereby directed ; And it was ordered that the sum of £73 cash in also dircctins; ccr-

the bank remaining to the credit of this cause " The amount of monies canied over to

produced by sale of real estates" should be carried over to the said tiie petitioner's

p, IP, Txni PT-11 T aeconnt, and to

account oi the defendant L. L. b. fier account of dividencis and ijc invested in

interest ; And it was ordered that the same when so carried over ^ P*^.'" ^^"^* ^""

, , . , niuties,

and also the sum of £ 1 1 8 when so paid into the bank by the said

defendants J. W. and L. his wife as aforesaid should be also laid
out in the purchase of bank 3 per cent, annuities in the name and
with the privity of the said Accountant-General in trust in this
cause, " The defendant L. L. S. her account of dividends and inte-
rest," subject to the further order of the court; And it was ordered and the dividends

'J 1 1 • I 1 1 f™"' ''"'^ to time

that the dividends from time to time to accrue due on the said bank accruing' due to
annuities when purchased, and also the dividends to accrue due on li'^,,"|,'!_Ji^J^"'!,„'"
the residue of the said £4871 bank 3 per cent, annuities standing unities to the
in the name of the said Accountant-General in trust in this cause, [!|,",\','l""^"'
•' The amount of monies produced by sale of real estates," after
such sale as aforesaid and on the accumulations thereof respec-
tively should be from time to time laid out in the purchase of like
bank annuities in the name and with the privity of the said Ac-
countant-General in trust in diis cause, " The defendant L.Ii.S. her
account of dividends and interest," sulyect to the further order of
the court ; That the said defendants J. W. and L. his wife (hily also statine that
paid the said five sums of £G3 to the several ])arties in the said y"„/ ''J','| '^^^^
order named, and the residue of the said sum of £438 so reported paid the tive sum.
due from them as aforesaid and l)eing the sum of £llo the said ,,;,iti<s iiiimed in
defendants paid into the bank to the credit of the said cnuse, " IMic Jj;;;,/;;;;;;';^,;";;,',.^
defendant L. L. S. her account of dividends and iiiteresl,'* us aho ^nu, ii.io the '

S5ii ORDERS.

bank, which with rliiTctod by the said Order, and the same when so paid iii together
'^.r'-^^^i^o„L."'I,. with the said sum of £73 cash in the bank to the credit of the said

our. in uaiiK dii-

iiuities. cause, " The amount of monies produced by sale of real estates,"

was pursuant to the said order laid out in the purchase of the sum
of £251 bank 3 per cent, annuities in trust in this cause, " The de-
Statement of the fendant L. L. S. her account of dividends and interest," and the
taxed" " ^'^^ " costs of all parties were taxed by the Master under the said order
and amounted altogether to the sum of £270 as appeared by his cer-
tificate thereof, which together with the said two sums of i^lOOO
and £500 making in all £1770 were raised by sale of £2325
bank 3 per cent, annuities, part of the sum of c£4871 bank
3 per cent, annuities mentioned in the said order, and such costs
together with such two sums of £1000 and £500 were paid and
divided in manner and according to the directions of the said order
as appears by the said Accountant-General's certificates thereof,
;ind of the whereby there was left standing in the name of the said Accountant-

i'un'ha'sed wi'th General in trust in this cause, " The amount of monies produced by
ihe monies pro- sale of real estates" the sum of £2rA5 bank 3 per cent, annuities,
li.e estates re- J^ud on the defendant L. L. S. her account of dividends and interest
ii.ainiiig after ^he said sum of £251 bank 3 per cent, annuities; That the divi-

maltnif; the sales ^ . /ynrAi-

directed ; deuds whicli have accrued due on the said sum of £2545 bank

.statement of the 3 p^j. gent, annuities the amount of monies produced by sale of real

i:nionnt of the '■ „. . iiij

accumulations in estates have been from tmie to time as the same have accrued due
.espect of divi- carried over to the said account entitled " The defendant L. L. S.

uends;

her account of dividends and interest," and have been together also
with the dividends on the said sum of £251 £3 per cent, annuities
standing in the said last-mentioned account and the accumulations
thereon respectively laid out in the purchase of other like annuities
whereby there is now standing in the name of the said Accountant-
General in trust in this cause, the said account entitled " The de-
fendant L. L. S. her account of dividends and interest," the sum of
that the petitioner £95(3 bank 3 per cent, annuities and the sum of £l3 cash as ap-
},as attained 21, ^g^rs bv tlic Said Accountant-General's certificate thereof; That the

i- no IS wiiiiii*^ to i- •^

execute all ne- petitioner attained her age of twenty-one years on the 3d day of
Lncl^s't..*^thTpiu- ^^i^y ^^st, and is ready and willing and hereby ofiers to execute all
thasers, proper and necessary conveyances and assignments of the said

several estates and premises so sold as aforesaid unto the respective
purchasers thereof, and the petitioner has already become absolutely
entitled to have transferred to her the said sum of £956 bank 3 per
cent, annuities standing in the name of the said Accountant-General
in trust in this cause, " The defendant L.L. S. her account of divi-
dends and interest," and to have paid to her the said sum of £13
cash to the credit of the said last-mentioned account as aforesaid,
and upon the execution of such several conveyances will be entitled

ORDERS. 357

to have transferred to her the said other sum of £2545 bank 3 per

cent, annuities, also standing in tlie name of the said Accountajit-

General in trust in this cause, " The amount of monies produced

by sale of real estates," and to be paid any cash which might accrue

thereon previously to such transfer ; And Praying tliat the said and prayinfr an

Accountant-General might be forthwith ordered to transfer into Iw Ift^'tii'e smn of

the name of the petitioner the said sum of £956 bank 3 per cent, s'nck .standing in

.,• , T • 1 • • . , • .1 • cc /-'Ti 1 the ArcoiiiiTJiiit-

annuities so standmg m his name intrust m this cause, ' iiiede- ant Gciuiai's
fendant L. L. S. her account of dividends and interest," and to pay "''""'' aiisr-nfrom

, ,. . n 1 • • 1 acoiininlation of

unto the petitioner s solicitor on account of his costs the said sum dividtntis, ami
of £\S cash in the bank to the credit of this cause the like account, i'-^^"'*""^ to her

' .soliciiur ot the

and that upon the due execution by the petitioner of the several tasii in the bank,
conveyances and assurances of the said estates so sold as aforesaid, i,,.,',tio'n by pc'tu
to the said purchasers thereof, the same to be verified by affidavit, tioner of the ton-

.vovniiccstothe

the petitioner might have also transferred into her name the said piMchasns a
sum of £2545 bank 3 per cent, annuities so standing in the name t'''*"'**^!" of tiu-

i ^ '^ ^ remaining; sum ot

of the said Accountant-General in trust in this cause, " The stock pinriiased
amount of monies produced by sale of real estates" as aforesaid, p,'o,'i,n.\?,|"[,y'sa]e
and might also have paid to her any future dividends which may of the estates.
accrue due thereon previous to such transfer thereof; Whereupon
&c. upon hearing the said petition, the said will, the said order dated
the 23d day of December 1817, the said order dated the 13th day
of February 1821, the said report dated the 27th day of January
1821, an affidavit of L.W. the wife of the defendant J. W. whereby
it appears that she is the mother of the defendant L.L.S. and that
the said L.L.S. has attained her age of twenty-one years, and that
she is sole and unmarried, and the Accountant-General's certificate
read, and what was alleged by the counsel for the petitioner and for
the said parties and purchasers, This Court doth order that the
£956 bank 3 per cent, annuities standing in the name of the Ac-
countant-General of this court in trust in this cause, " The defend-
ant L. L. S. her account of dividends and interest," together with
any interest which shall accrue on the said bank annuities previously
to the transfer thereof hereby directed, be transferred and paid
to the defendant L. L. S. spinster ; And it is ordered that the sum
of £13 cash in the bank to the credit of this cause the like account
be paid to Mr. C. S. the petitioner's solicitor on account of his costs ;
And upon the due execution by tlic petitioner of the several con-
veyances and assurances of the said estates sold as in the petition
mentioned to the several purchasers thereof, such execution to be
verified by affidavit. It is ordkkkd that the £2545 bank 3 \hv
cent, annuities standing in the name of the said Accoiintanl-CJe-
ncral in tru.st in this cause, " The amount of monies prodiacil l>y

358 ORDERS.

sale of real estates," and the interest to accrue due on the said bank
annuities previously to the transfer thereof hereby directed, be
transferred and paid to the said defendant L. L.S. spinster; and
for the purposes aforesaid the said Accountant-General is to draw
on the bank according to the form prescribed by the act of parlia-
ment and the general rules and orders of this court in that case
made and provided.

* XXI. Order directing the transfer of a sum of stock to the
trustees of a settlement, which stock by a former order
made before the marriage had been directed to be trans^
f erred to the ivife u^ion the execution by her of certain con-
veyances; vide antea, j). 351.

At the Rolls.
Master of the Roils.

Monday the 25th day of February &c. 1828.
Between J.M. and J. his wife, E. L. and
M. his wife - - - - Plaintiffs,

and
J. S., J. W. and L. his wife &c. &c.

Defendants.

Recital of peti- Whereas the Rev. H. O. clerk and L. L.O. his wife (late L. L. S.
tion of the has- ^^^ ^^ ^.j^^ defendants above named) and the Rev. J.W. (one other

hand and wiro ' '^

and the trustees of the above named defendants) and the Rev.J.L. W. clerk did
seittmentr'''^'' on the 12th day of February 1828 prefer their petition unto the
stating an order Right Honorable the Master of the Rolls, setting forth that by an
ferto"?e''made' °^'^^^' ^^^^^ "^ ^^^^^ ^^"^^ bearing date the 8th day of August 1827
to the petitioner It was (among Other things) ordered that upon the due execution
L. L*. S. sijinstcr ^Y the said petitioner of the several conveyances and assurances of
of a sum ot stoi k ^[^q estates sold as in the said petition mentioned to the several

siandiP£C in the f/i • •r-iirvi-xi

Accouiitnnt-Ge- purchasers thereol (such execution to be veniied by athdavit) the
neral'snamcnpon gun^ of ^'2515 bank 3 per cent, annuities standing in the name of

tlie execution by ....

her of certain the Accountant-General of this court in trust in this cause, " The
conveyances, account of monies produced by sale of real estates," and the inte-
rest to accrue due on the said bank annuities previously to the
transfer thereof thereby directed should be transferred and paid
to the said defendant the said petitioner (and by her then name
that before the and addition of) L. L. S. spinster ; That before the complete exe-

final roiiipletioM ^- p ^i • i i i r ^i -j

tiiereof and trans, cution ot the said several conveyances and assurances ot tlie saicl

ORDERS. r)5&

estates sold as in the said petition and order mentioned by the said fer of the fund
petitioner L.L.O., and before any transfer of the said sum of '^'i^,,'";™;|!^
=f 2545 bank annuities unto her, she the said petitioner intermarried tioiierH. O.;
with and is now the wife of the petitioner H. O., but before the
solemnization of such marriage certain indentures of settlement tiiat previously
were made and executed bearing date respectively the 3d and 4th I)Je,u\vas exe'*^'
days of February now instant, the latter made between the said f"<^ed whereby
petitioner L. L. S. of &c. spinster of the first part, the petitioner „anted to*^*traus-
H. O. of the second part, the petitioners J. W. and J. L. W. of f*^"" ^''^ stock to
the third part, and P.P. and P. B. L. therein described, of the trusts therein'"^
fourth part, whereby after reciting ( amongst other things ) that the ™e"tioned ;
said petitioner L. L. O. ( then L. L. S. ) was possessed of or en-
titled {inter alia) to the said sum of £2552 bank 3 per cent, an-
nuities standing in the name of the said Accountant-General, and
which would be transferred vmto her immediately upon the execu-
tion of certain conveyances to be certified by affidavit, and that a
marriage had been agreed upon and was shortly intended to be
had and solemnized between the said H. O. and L. L. S., and that
upon the treaty for the said marriage it was stipulated and agreed
(amongst other things ) that the said sum of £2545 bank 3 per cent,
annuities should be settled and assured upon and for the trusts
intents and purposes and with under and subject to the powers
provisoes declarations and agreements thereinafter expressed and
declared of and concerning the same ; It was ( amongst other things )
witnessed that in pursuance of the said stipulation and agreement
and for effectuating the same, and for and in consideration of the
said marriage, he the said H. O. for himself his heirs executors and
administrators and also for the said L. L. S. his said intended wife
did covenant promise engage and agree, and the said L. L. S. did
with the privity consent and approbation of the said PI. O. (tes-
tified as therein mentioned) for herself her heirs executors and
administrators further consent covenant declare and agree to and
with the said J. W. and J. L. W. their executors administrators
and assigns, that in case the said intended marriage should take
effect they the said H. O. and L. L. S. should and would with
all convenient speed after the solemnization thereof make do and
execute or cause and procure to be made done and executed or
join and concur in and procure all proper and necessary parties to
join and concur in all such acts deeds matters things transfers and
assurances as by the said J.W. and J. L.W. or the survivor of them
or by their or his counsel should be required for effectually trans-
ferring and making over the said sum of £2545 bank 3 per cent.
<innuities which were so standing in the name of the said Account-

360

ORDERS.

ant-Genoral and to which the said L. L. S. was so entitled as afore-
said so and in such way and manner as that the same bank annuities
nirght be vested in or in the joint names of the said J. W. and
J. L.W. their executors administrators and assigns upon the trusts
and to and for the ends intents and purposes and witli under and
subject to the powers provisoes declarations and agreements there-
tliat the petitioner inafter particularly declared of and concerning the same; That
compictcii'theex- ^^^^ petitioner the said L. L. O. has now fully completed the execu-

cciition of the tion of the said several conveyances and assurances of the said

convevKix es, and ,^ ,, ., ., , " . . i-, ii

is dtsiioiis to have estates solu as m the said order mentioned, and is thereby become

t.ie fund trans- entitled to have the said sum of £2515 bank 3 per cent, annuities

teirtd to tiK- , , , ^

trustees of the transferred, and the petitioners are desirous that the same should
settlement; ^^ transferred into the names of the said J. W. and J. L.W. pur-

that a half-year's suant to their said covenant in that behalf; That since the date of
vhicir^the^neii-' ^^® ^^^^ order the sum of £3S cash has arisen and now stands to the
tinners ase desir- credit of the said cause the before mentioned account for half a
]):iid to tiuir so- year's dividend upon the said sum of £2545 bank annuities, which
lienor, g^^n^ (i^Q petitioners H. O. and L. L. O. his wife are desirous should

be paid unto their solicitor on account of his costs of obtaining the
and prayinji; that said order and of this application ; And therefore praying that the
ti'ansfenrci" to "^""^ °^ £25'\:5 bank 3 per cent, annuities standing in the name of
the petitioners the Accountant-General in trust in this cause, " The account of
the niarria"e monics produced by sale of real estates," and mentioned in and
settlement, directed by the said order of tlie 8th day of August last to be

transferred to the petitioner L. L. O. by her then name and descrip-
tion of L. L. S. spinster might be transferred unto the petitioners
J.W. and J. L.W. upon the trusts and to and for the ends intents
and purposes and with under and subject to the powers provisoes
declarations and agreements mentioned and declared in and by the
said indenture of settlement of the 2d day of February now instant
and the amount 6f and concerning the same ; and that the sum of £3S cash in the
or tiie dividends j,^^]. ^^ j| credit of this cause the like account might be paid to

clup tnereon be 5> r

p^iid to tho pit!- the petitioner's solicitor on account of his costs of obtaining the said
order and of this application; Whereupon &c. upon hearing the
said petition, the said order dated 8cc., the said indenture of settle-
ment dated &c. and the affidavit of P. B. L. whereby it appears that
the said conveyances and assurances have been duly executed, and
an affidavit of the said P. B. L. identifying the said indenture of
settlement, and that there is not any other settlement of the fund
in question, and the Accountant-General's certificate read, and what
was" alleged by the counsel for the petitioners, His Honor dotm
ORDER that the £25-15 bank 3 per cent, annuities standing in the
name of the Accountant-General of this court iu trust in this causc^

ORDERS. 361

" The account of monies produced by sale of real estates," directed
by the order of the 8tli day of August last to be transferred to the
petitioner L. L. O. by her then name and description of L. L. S.
spinster, be instead thereof transferred to the petitioners the de-
fendants J. W. and J. L.W. upon the trusts and to and for the ends
intents and purposes and with under and subject to the powers
provisoes declarations and agreements mentioned and declared in
and by the indenture of settlement of the 4th day of February
instant in the petition mentioned of and concerning the same, it
appearing by the affidavit of P. B. L. that the several conveyances
and assurances mentioned in the former order have been duly exe-
cuted by the petitioner L. L. O. ; And it is ordered that the sum of
^38 cash in the bank remaining on the credit of this cause the like
account be paid to Mr. C. S. the petitioners' solicitor on account of
his costs of obtaining the said order and of this application ; And
for that purpose the said Accountant-General is to draw on the bank
according to the form prescribed by the act of parliament, and the
general rules and orders of this court in that case made and pro-
vided.

XXII. Order for a will to be delivered out of the Prerogative
Court in order to be proved on a commission, security being
first given for the return of the same.

Upon opening &c. by Mr. M. of counsel for the defendant T. A.
it was alleged that this cause came on to be heard &c., and it
was ordered that the same should stand over with liberty for the
defendant T. A. to prove the will of W. A. dated &c. made and
executed by him at B. in France, whereof defendant T. A. is the
only devisee and executor ; That the said defendant on the death of
the said testator proved the will in common form, and thereupon the
said testator's original will was deposited in the Prerogative Court

of C. ; That W. one of the witnesses to said will is master of a

packet-boat which goes from D. to C. and B. in F., and II. one

of the other witnesses to the said will now resides at B. aforesaid,

and B. the other witness Hves in L. ; That as said defendant

T. A. cannot get the said W. up to L. or the said II. to

come over from B., it is necessary that he should have a commission
to be executed at D. and B. in order to examine the said witnesses
to prove the said will, at which commission it will be necessary that
the said will be produced ; and it being customary in such cases

3G2

ORDERS.

for the Prerogative Office to deliver out original wills to be proved
at places distant, on taking bond from one or more sufficient persons
in a reasonable penalty to return the same, the said defendant T.A,
hath applied to the register and record-keeper of said Prerogative
Court to have said will delivered out accordingly, but they refuse
to deliver out the same upon any security, but insist upon sending
a messenger of their own with it, which will put the said defendant
to a considerable expense ; It was therefore prayed that &c. ; Where-
upon and upon hearing &c. His Lordship doth order that the
said defendant T. A. be at liberty to take out a commission for the
examination of his witnesses at B. and D. aforesaid to prove the said
will, and that the plaintiff and the other defendants in this cause do
join in commission and strike commissioners' names within six days
after notice hereof, and in default thereof, that the said defendant
T. A. be at liberty to sue out such commission directed to his
own commissioners; and it appearing that the defendant T. A. is
the only devisee who can claim any real estate under the said will.
It is ordered that the original will be delivered out by the proper
officer of the Prerogative Court to a proper person to be named
by the said defendant in order to be proved at the said commission,
such person first giving security to be approved of by the Judge of

the Prerogative Court to return the same in from the delivery

thereof to him.

XXIII. Order for the like imrpose as the preceding order.

Upon opening &c. by Mr. Attorney-General of counsel for the
plaintiffs and defendants in this cause, it was alleged that W. R.

having in his life-time conti-acted several debts, on the day

of made his will, and thereby devised to the defendants L. H.

and W. R. his son all his real estate in trust to be sold for pay-
ment of his debts, and appointed them executors, and died in ,

soon after which the defendants his executors proved the same in
common form, and thereupon the said testator's original will was

deposited in the Prerogative Office, and that the plaintiffs in

Term exhibited their bill in this court against the defendants for
an account of the said testator's personal estate, and to have the
said will proved and the testator's real estate sold for payment of
his debts, to which the said defendants have appeared and put in
their answers and plaintiffs have replied, and the cause being at
issue, a commission issued for the examination of witnesses in the
county of , at which commission it will be necessary to have

ORDERS. 303

the said testator's will proved in regard the defendant \V. R. who
is heir at law to said testator is an infant, and it being customary
in such cases for the Prerogative Office to deliver out original wills
to be proved in the country, on taking bond from one or more
sufficient persons in a reasonable penalty, the parties in this cause
have applied to the registers of the Prerogative Court to have the
same delivered out accordingly, but they refuse to deliver out same
on any security, but insist to send a messenger of their own with
it, which will put the parties to a considerable expense ; and in
regard the testator's estate is not sufficient for payment, it was
therefore prayed that the registers of the Prerogative Court or
their deputy may forthwith deliver out the said original will in
order that the same may be proved at the said commission, upon
giving sufficient security to bring back and re-dehver same unto
the said office in six weeks ; Whereupon and upon hearing Mr. So-
licitor-General of counsel for the register of the Prerogative Court,

an order in a cause of L. against D. dated , an order in a

cause B. against B. dated , and an order in a cause S. against

B. dated read, and what was alleged by the counsel for said

parties. His Lordship doth order that the said original will be
delivered out by the proper officer of the Prerogative Court to a
proper person to be named by the plaintiffs and defendants the
said executors and devisees under the said will, in order to be
proved at the said commission, such person first giving security to
be approved of by the Judge of the Prerogative Court to return
the same in six weeks from the deUvery thereof to him.

XXIV. Order to compel a witness to attend to he examined^
or stand committed.

Upon motion &c. that is a material witness for the plaintiff

in this cause, and hath been served with a subpoena returnalile im-
mediately to attend and be examined as a witness for the plaintiff
in this cause, as by affidavit now produced and read appears, not-

withstandins which the said hath not attended to be sworn

and examined, as by the examiner's certificate now also produced

and read appears; It is thereupon ordered that the said

do in four days after personal notice hereof attend and be sworn
and examined as a witness for the plaintiff in tiiis cause, or in de-
fault thereof that the said do stand committed to the prison

of the Fleet.

304 ORDERS.

XXV. Order for liberty to exhibit interrogatories as to the
credit of a tvitness.

Upon motion &c. it was alleged that the plaintiffs have examined
A. B. as a witness for them in this cause who is a person of ill
fame, and the defendant hath exhibited articles in the examiner*s
office touching the credit of the said A. B. as by certificate appears ;
It was therefore prayed that the defendant may be at liberty to
exhibit interrogatories for the examination of witnesses to the credit
9f the said A. B., which is ordered accordingly.

=-^1} 1^ iVitsm m^ m %& i.

aiJoi.t0£3fi£-i3 him, ggniffisb ll& lo iniioasfi Im'^:.
feae ^g^nBifnalefe sjfj hsis. modi 1o =!;.'• -■-
sjiiBbfisi'^B odi xd nelsi Imp f>f^ii.*->l ■;

^l>o53ii3 iisfii m Bif. : j ^imq has ,89iioJii5<[-

few. sMi ,'39iIJ8 iitor

[ 305 ]

CHAPTER XVII.

DECREES AND DECRETAL ORDERS. s ^araiil

I* Decree opening stated accounts, and directing a general ac-
count to be taken of all dealings and transactions between the
plaintiffs and defendants; costs given as to so much as re-
lates to setting aside the stated accounts.

His Lordship doth declare that the three stated accounts dated
&c. ought to be opened and set aside and doth order and decree

the same accordingly ; And it is hereby referred to Mr.

one &c. to take a general account of all dealings and transactions
between the plaintiffs or either of them and the defendants, and
also of the value of any timber felled and taken by the defendants
from off the plaintiffs' estate, in the taking of which account the
Master is to make unto all parties all just allowances ; And for the
better taking the said account all parties are to be examined upon
interrogatories, and produce all books and papers in their custody
or power relating thereto upon oath before the said Master as the
said Master shall direct ; And it is ordered and decreed that de-
fendants do pay to the plaintiffs their costs for as much of the
cause as relates to the setting aside the said stated accounts to be
taxed by the said Master, and his Lordship doth reserve the con-
sideration of the rest of the costs of this suit until after the said
Master shall have made his report, and the said parties are to
be at liberty to apply to the court as occasion shall require.

3G6 ^ DECREES AND DECRETAL ORDERS.

* II. Decree for payment of the arrears of an annuity secured
by bond given for mamtenance with interest upon each half"
yearly payment^ against the devisee of the real and per-
sonal estate of the obligor. (See Newman v. Aiding, 3 AtJc.
579.;

This cause came on to be heard 9th November 1747, before the
Lord Chancellor, when his Lordship was pleased to order and
decree that it should be referred to Master Allen one of the Masters
An account to of this Court, to take an account of what was due to the complain-
arrears due and ant for the arrears of an annuity of £S0 a-year secured by bond,
interest at ef 4 per ^j,j ^q compute interest on each respective half-yearly payment from
cent, on each hall- ir>- c -ii

yearly payment the end of SIX months after the same respectively became due after

six'months after *^^ ^^*® ^^ ^ P^*" ^^^^' P^^ annum ; And the defendant having by
same became her answer admitted that the personal and real estate of her said
♦h d f d t father were together more than sufficient to answer the said annuity,
admitting assets It was further ordered that the plaintiff should pay to the said de-
the^amount t^^be fendant what should be found due for the arrears of the said an-

found due as nuity and interest at such time and place as the said Master should
Master should ',•,.• ,i-.fr.i • «•

direct ; appomt, and contmue to pay to plamtiri the growmg payments oi

and in default of the said annuity as they should become due half-yearly; And in

to bTat Hberiyio case the defendant should not pay what should be found due for

apply for sale of the arrears of the said annuity and interest as aforesaid, then the

real estate • plaintiff was to be at liberty to apply to the court for a sale of a

direction to the sufficient part of the real estate in question ; And it was further

apart^suffici^e^nt ordered that the said Master should see a sufficient part of the said

real estate to se- real estate set apart for securing to the plaintiff the growing pay-

and the defendant ^lents of the said annuity during her mother's life; And it was further

to execute a ordered that the defendant should execute to the plaintiff a proper

ance^or "rant* Conveyance of the said estate or grant thereout for securing the

growing payments of the said annuity accordingly with the appro-
defendant to pay bation of the said Master ; And that the defendant should pay to
hearing^ ^ "^ plaintiff her costs of this suit up to this time to be taxed by the
subsequent costs said Master ; the consideration of subsequent costs reserved till the

Master should make his report ; liberty to parties to apply &c.

DECREES AND DECRETAL ORDERS. 367

III. Decree by consent directing a reference to arbitration.

His Lordship doth by consent order that all matters in difference
between the plaintiffs and defendants in this cause be referred to the
award and determination of I. H. of &c. esq., so that he shall make
and publish his award in writing of and concerning the premises in Award to be made

question on or before now next ensuing, or on or before such ^y ^ ^^^'^ '""^ »

further time as hereinafter mentioned, and that the said parties do
stand to abide by perform and fulfil the award which the said arbi-
trator shall so make of and concerning the premises ; And by the
like consent it is ordered that the said arbitrator is to be at liberty Arbitrator to be

to examine upon oath or upon interrogatories or otherwise at his ^^ .'''1'^'"'^^ ^" ^^'
" t^ *5 amine upon oath

discretion the said plaintiffs and defendants or any of them, or any the parties and
other person or persons who shall be produced as a witness or wit- '

nesses before him by either party, such plaintiffs and defendants
or other person or persons being sworn before one of the Masters before whom to
of this court or before a Master Extraordinary in the country if '

there shall be occasion ; And the said parties are to produce before 5"ce*deed8*°&c°'
the said arbitrator upon oath if required all deeds instruments books
papers writings and accounts in their or any or either of their cus-
tody or power touching the matters in question or any of them as
the said arbitrator shall direct ; And by the like consent it is ordered

that the costs of this suit and also of the said reference and award the costs of the

, „ , , , T 1 i.* * 4-1, '"'t and of the

and all other costs charges and expenses attendmg or relatmg to the ,eforence to be in

matters in difference between the said parties or either of them shall |[ie discretion of

. , . , the arbitrator,

be in the discretion of the said arbitrator, and shall be paid m sucn wiio is to be at

manner and by whom and to whom and at such time or times as ^^^'^l^l f^'^j^'^ee
shall be directed by his award; And by the like consent it is ordered making liisaward,
that the said arbitrator shall be at liberty by writing under his hand J" p^I," /u^de?
to enlarrre the time for making his award from time to time as he fault of any party

, . -c \ i.\ • ^ Ct. attending;

shall see occasion ; and that the said arbitrator may it lie thinks ht

proceed ex parte in the said reference in case of the refusal or
neglect of any of the said parties to attend him thereon after rea-
sonable notice in that behalf; And by the like consent it is ordered
that no bills or bill are or is to be filed in any court of equity by ^^';,'j; •jj,';,'^.'^'^''
any or either of the said parties against the said arbitrator for any ^^^^^^^^, .eserTed
matter or thing he shall do in about or touching the matters to \^J^\^^'^^l\^^^
him hereby referred ; And any or either of the said parties are or ,„jj,. ^ ^Jig ^f
is to be at liberty to apply to this court to have the said award made court.
an order of this court.

368 DECREES AND DECRETAL ORDERS.

IV. Minutes of a decree directing a reference to arbitration, with
a direction for appointing an umpire in case the arbitrators
disagree.

Let all matters in difference between the parties be referred to
the arbitration and determination of T. T. and S. S. and they to

make their award on or before , and in case they shall not agree

they are to name an umpire, and he is to make his umpirage on or

before , and both parties are to produce all books and papers

relating to the matters in question in their custody or power before
the arbitrators and umpire respectively, or such of them as the
arbitrators and umpire shall respectively direct, to be ascertained by
the oath of the respective parties producing the same, and the
award or umpirage is to be made an order of this court, and no
bill in equity is to be brought against the arbitrators or umpire.

V. Decree for establis/iing a charity.

Decree the clia- His Lordship doth declare that tlie charitable bequest and uses

tob'e^esSished, »"ade and created by the will of W. B. ought to be established and

the trusts thereof performed and carried into execution, and doth

the information to order and decree the same accordingly ; And his Lordship doth

stand dismissed ^j.^^^. ^^^^^ the information as against the defendant T. S. do stand

against one de- _ °

fendant with dismissed out of this court with costs &c. ; And as between the re-

^°^ *' . lators and the other defendants it is ordered and decreed that it be

an account to be

taken of the rents referred to Mr. • one &c. to take an account of the rents and

of^thc chanty es- pj,Qg(.g Qf jj^g charity estate accrued since the death of J. B. son of

the testator N. B. which have been received by the defendant R. L,

and the other defendants or any of them, or by any other person &c.

the Master to make all just allowances &c. and particularly an al-

the balance of lowance of &c. ; And it is ordered and decreed that what shall be

divided^luto** ^ coming on the balance of the said account be divided into two equal

moieties and paid moieties, whereof one moiety is to be paid to or retained by the de-

^jU fendant the Corporation of C. according to the said testator's will,

and the other moiety is to be paid or retained by the defendants the

ministers of &c. for the charitable purposes devised by the said will

DECREES AND DECRETAL ORDERS. 3(J9

concerning the moiety to be paid to the minister of those parishes;

And it is ordered that any of the relators and the Corporation of schemes to be

the city of C. do produce before the said Master a scheme or P;°''"^^'^ ^''^P^^
1 r 1 1- • PI , 1, , "'*^ Masur tor

schemes lor the application ot what shall be coming on the balance the apiiiication

of the said accounts for the moiety of the said rents and profits for such balaT'e^ana

the poor inhabitants of the said city of C, and also for that moiety of "^ ^''^ growing

the growing rents and profits of the said charity estate in such man- '^"'*'

ner as may be most beneficial for said poor inhabitants, and the said

Master is to state the same with his opinion thereon ; And the new trustees to

number of the trustees mentioned in the last conveyance of the 'f ^^''"'"'^'^"''•'

■ 11.^ 1 . 11 • 1 . , , "'^ approhatioa

said chanty estate being reduced to six, let eighteen other proper of the Master,

persons of the borough of C. or inhabiting near thereto be appointed

with the approbation of the Master to be feoffees and trustees of

said charity estate, and let the relators and defendants be at liberty

to propose proper persons before the Master for that purpose;

And when eighteen such persons shall be appointed by the said and die surviving

Master, let defendants, the survivinjj trustees, convey the said *'""'**<;es to convey

, . , ' . 1 11., "'*^ cliantv estate

chanty estate to the said eighteen persons and their heirs to and to them to tiie
upon the charitable uses and trusts declared in the said schedule *^ "^'"''''''^ "=*'^^^^'

annexed to ; And let the Master settle the conveyances in case

the parties differ about the same.

VI. Another form of a decree directing the appointment of new
trustees of a charity estate jointly with the surviving trustees. m^-i-j^ji^

And it being admitted that the trustees of the said charity were
reduced to three, it was ordered that nine proper persons should be
appointed with the approbation of the said Master to complete the
said number of twelve, and when such persons should be appointed,
the three remaining trustees should with the approbation of the ' '

Master make conveyance of the said charity estate to the use of
themselves and the new trustees so to be appointed, subject to the
same charitable uses and trusts.

Vol. II. A A

370 DECREES AND DECRETAL ORDERS.

VII. Decree on a bill by creditors against an executrix.

Whereupon &c. his Honor was pleased to order and decree that
it should be referred toMr.S. one of the Masters of this honorable
court, to take an account of what was due to the plaintiffs and to
all other the creditors of the said testator A. I. and of his funeral
expenses, and to compute interest on such of his debts as carried
interest after the rate of interest they respectively carried ; and the
said Master was to cause an advertisement to be published in the
London Gazette and such other public papers as he should think
proper, for the creditors of the said testator to come in before him
and prove their debts, and he was to fix a peremptory day for that
purpose ; and such of them who should not come in and prove their
debts by the time so to be limited were to be excluded the benefit
of the said decx'ee, but such persons not parties to the said suit
who should come in before the said Master to prove their debts,
were, before they should be admitted creditors, to contribute to the
plaintiffs their proportion of the expense of the said suit to be
settled by the said Master ; And it was ordered that the said Master
should also take an account of the said testator's personal estate
come to the hands of the said C. I. his executrix, or to the hands
of any other person or persons by her order or for her use, and the
said testator's personal estate was to be applied in payment of his
debts and funeral expenses in a course of administration ; and for
the better taking of the said accounts &c. \^usual directions given.^

VIII. Part of an order directing the deliver?/ of deeds and at-
tested copies, and the execution of deeds of covenant for
the production of deeds.

Let such of the title-deeds and writings as relate solely to the

estate comprised in lot , and also such as relate to the same

estate jointly with other estates of less value, be delivered to ,

he submitting to produce the last-mentioned deeds and writings on
necessary occasions and to enter into covenants for that purpose and
to give attested copies thereof if required at the expense of the
party requiring the same ; and as to such of the title-deeds and

DECREES AND DECRETAL ORDERS. 37|

writings as relate to the estate comprised in the said lot jointly

>\'ith other estates of greater value, he is to have attested copies if
required at the expense of the estates, and the persons entitled to
such estates are to execute to him the like deed or deeds of cove-
nant to produce the same on necessary occasions ; and in case any
(dispute shall arise between the parties touching the copies of any
particular deeds or writings relating to the title, the Master is to
settle the same.

IX. Decree for doiver out of freehold and copyhold lands.

His Lordship doth order that it be referred to the Master to in- Inquiry dirrcted
quire what freehold lands the said S. M. died seised of wherein the and' cop.yimid"''*

plaintiff B. M. is dowable, and also to inquire what copyhold or ia"tls deceased

. . . , ... died seised •

customary lands the said S. M. died seised of wherein plaintiiF B.M. *

is entitled to dower or any other estate by the custom of the manor

wherein the said copyhold or customary lands or any of them do lie ;

And that the said Master do assign to the plaintiff B. M. her dower Master to assign

in such freehold lands and tenements, and also her dower and |j|f^y"r*^„'"i},e

widow's estate in such customary or copyhold lands and tenements, freehold and her

and the said Master is to assign and set out particular lands and j„ ,]jj. (.„pyi,oid

tenements for that purpose : And after the said lands and tenements l'>"<ls a^^l to -^et

out the particiuar

shall be set out and ascertained, it is ordered that the defendant do \Amh,
deliver possession to plaintiff B. M. of the lands and tenements that a:id when set out

, ,, , , .1^1 -11 •] ' possession thereof

shall be so set out and ascertamed for the said dower or widow s t,, be delivered to
estate of plaintiff B.M., and the tenants thereof are to attorn and pay Jj''^ »jJ;|j'',''j'J' '^^"^
their rents to the said plaintiff B. M. ; And it is ordered and decreed attorn ;
that the Master do take an account of the rents and profits of the A" aeeonnt to be

- taken of tlie rents

said freehold and copyhold or customary lands and tenements where- of tiie freehold
of the said S. M. died seised, accrued since the death of the said '^'^^l^'ll^^^^^.^^^
S.M., which have been received by the said defendant or by any since tiie d.aih
other person by his order or for his use; And that one-third part If^.^Va,,',!,"';,'",!' ,,,,'■-
of what shall be coming on said account of the rents and profits of thin! pM.iofvvhat

® . , •! 1 • i-xi> ij- 1\T sliall he lonnd due

such freehold lands and tenements is to be paid to plaintitt b. iVl. i„ i^,. paid i„ iho
by the said defendant in respect of her dower out of such lands and ];J:;;.';,',i||,,';y "'^
tenements, and that such part of what shall be coming on said account
of rents and profits of the said copyhold or customary lands and tene-
ments as the said plaintiff B. M. shall appear to be entitled to in respect

A A ^

'372 DECREES AND DECRETAL ORDERS.

of her said dower or other widow's estate in such copyhold or cus-
tomary lands and tenements, is to be paid to the said plaintiff B. M.
Defendant to by the said defendant ; And for the better taking the said account and
deeds, ^c. discovery of the matters aforesaid the said defendant is to produce

before the said Master upon oath all deeds writings papers and books
of account in his custody or power relating to the matters in question,
and both sides are to be examined upon- interrogatories as the said
Master to make Master shall direct, and the said Master is to make unto both sides
ances"; "^ °"^" ^^^ i^^^^ allowances ; And it is ordered that the said defendant do
Defendant to pay pay unto the plaintiff B. M. her costs of this suit to this time to
costs up to the ^6 taxed by the said Master, of which the said IVIaster is to make
iicaiing; a, separate report; And his Lordship doth reserve the consideration

Subsequent costs of subsequent costs as between the plaintiff B. M. and the defendant

1 esejved ; -i i ti t

untd the Master shall have made his report ; And it being declared

Plaintiff intend- by the counsel for the plaintiff that they do intend to controvert the

tiie deeeiised's pi'obate of the will of the said S.M. insisted on by the said defend-

wiii, further di- ant in the Ecclesiastical Court, his Lordship doth reserve liberty to
rections reservet . ^ ,

any of the parties to apply to the court for further directions in

respect of any other demands made by the bill in respect either to

the real or personal estate of the said S. M. as occasion shaU

require.

X. Decree for foreclosure.

His Lordship doth order and decree that it be referred to Mr. E.
one 8cc. to see what is due to the plaintiff for principal and interest
on his mortgage and to tax him his costs of this suit, and the
defendant is to pay unto the plaintifl' what shall be reported due to

him for such principal interest and costs within after the said

Master shall have made his report, at such time and place as the
said Master shall appoint, and thereupon the said plaintiff" is to re-
convey the said mortgaged premises free and clear of all incum-
brances done by him or any person claiming from by or under him,
and to deliver up upon oath unto the defendant or to whom he shall
appoint, all deeds and writings in his custody or power relating
thereto ; But in default of the said defendant paying unto the said
plaintiff such principal interest and costs as aforesaid by the time
aforesaid, the said defendant is from thenceforth to stand absolutely
debarred and foreclosed of and from all equity of redemption of in
and to the said mortgaged premises.

DECREES AND DECRETAL ORDERS. '^^3

XI. Alhmtes of a decree by consent, directing the ^;/«;"«///r to
conjirm the defendant s jointure in the settled estates, and
when confirmed, the defendant to j)^oduce all deeds in her
possession or power relating thereto.

And the plaintiff Sir W. A. now offering to confirm the jointure of
the defendant C. A. in the several estates settled upon her in jointure
by the deeds dated &c., Decree that plaintiff Sir W. A. do confirm
the jointure of said defendant C.A. in all the said estates as the
Master shall direct ; and let the Master settle the deeds or assur-
ances for the confirmation of such jointure in case the parties differ
about the same ; And after such jointure shall be confirmed as
aforesaid, let defendant C. A. produce before the said Master upon
oath all deeds and writings in her custody or power relating to the
several estates comprised in the settlement dated &c. ; and reserve
the consideration of all further directions until after the deeds
and writings shall be produced.

XII. Minutes of a decree declaring the plaintiff to be entitled
to a jointure, and directing the defendant to convey to her
the lands to be set out by the Master. ,

Declare that plaintiff is entitled in equity to have a jointure of
£ a-year made good* to her out of the estate in question ac-
cording to the settlement &c. ; and therefore refer it to the blaster Rcfeimcc «o ,-

,, , « T 1 1 1 • -1 Master to ."^ct c

to set out and allot so much of the lands and premises comprised ian,isott,uihc..

in the said settlement of &c. as shall amount to and not exceed the ^ahic,

value of £ a-year, subject to taxes and repairs, for plaintiff's

iointure for her life : And let defendant M. H. settle and convey such «lof<n<lan» to r
•^ 1 n 1 p • 1 1 • •'"'*^ proper c

lands and premises so to be set out and allotted as atoresaid to plain- veyanccs,

tiff for her Hfe for her jointure by such conveyances and assurances
as the said Master shall think fit, free from all incumbrances done
by defendant M. H., and let all proper parties join in such con-
veyances as the said Master shall direct; And let defendant M. IT.
dehver possession to plaintiff of the lands and premises which sliall ami (liivor p,

^ • , 1 A 1 1 4. ..I session ol llip

be so allotted and set out with the appurtenances ; And let the ,.„„,, ^,, ,^^. ^^,
plaintiff enjoy the same for her life against defendant M. II. and all ""t.
persons claiming under him or E. IT. her late husband deceased,
and let all deeds and writings relating to the estate in question be
produced before the Master upon oath.

374 DECREES AND DECRETAL ORDERS.

* XIII. Decree directing the execution of several leases ; — accounts
to be taken of principal and interest due on several mort-
gages,— and also of the arrears of rents in respect of dif-
ferent parts of the premises in question according to cer-
tain drafts of leases and agreements between the parties,
with a direction to the Master to set an occitpation rent on
other parts of the premises, and to ascertain ivhat is due
in respect thereof; a set-off directed as between the amount
of the account of rent to be found due from one defendant^
and the amount of principal and interest to be found due
on her mortgage ; the bill dismissed as to certain defendants
with costs ; there having been several former hearings ichich
proved fruitless, special directions given as to the costs of
them.

At the Rolls.
Master of the Rolls.

Monday the 26th day of November, &c. 1827.
Between S. Page ----- Plaintiff,

and

J. Brown, J. Harriss, &c. Defendants,

By original bill;

And
Between S. Page ------ Plaintiff,

and

P. F. Page Defendant,

By sup})lemental bill.

These causes coming on the 12th, 13th, 15th, and 19th days of
November 1827 to be heard and debated &c. the substance of the
plaintiff's bill appeared to be. That Sec. [ after stating the sub-
stance of the bill, the decree set forth the prater of the bill as
Original bill, follotvs ;] That an account may be taken of what is now due to
Icllluft mTybT ^^^^ plaintiff under and by virtue of the aforesaid agreements or
taken of what is otherwise ; And that the said agreement may be specifically per-
tiff^tlmtana^gre"- formed and carried into execution, and that a lease of the said pre-

ment may be per- jiiises thereby agreed to be demised to the plaintiff may be executed
formed, and a ,, . , i-ty*!- i i •n- i

lease eseciitfd by all necessary parties, the plamtitt bemg ready and wilhng to do

to the plaintiff J ^^^ things to be done therein on his part and behalf; And that an

DECREES AND DECRETAL ORDERS. 375

account may be taken of what is clue from the said Mary Linwood that an arrount
in respect of the said sum of i'lOOO so agreed to be paid to the "T '-^ ^^^!' ''^

, . .^jy • 1 . IP wliat IS due iroiu

plaintitt With interest thereon from the time the same ought to have a defendant in re-
been paid, and also in respect of the said annual rent of £^50 with 'i]ooo'and"ilIte^
interest from the times such annual sums ought respectively to have •'^'^t thereon, and
been paid, and that what shall be so found to be due may be paid Ui'e" leiirajSer/
to the plaintiff, and that the plaintiff may be declared to have a lien ^° 1*^ 1'"'^' '^y ''*^'"

^i • 1 i\T T • i» T • • , . , ''"^' interest

upon the said Mary Linwood s estate and interest in the said pre- thereon, and to
niises for the payment thereof, and that the same may be raised 1'^''*' '^ '''^''. f,"

'■ •' ' ^ J ner i);irt ot tlie

and paid thereout accordingly in reduction of the plaintiff's said piemises ibr the

demand ; And that an account may be also taken of what is now "'""" '

due in respect of the said two annual sums of ,£200 and o£'200 so that an account

agreed to be paid by the said T. Willows together with interest "'.''> ''^^ ^f^""^] of
° I . •' o what is due in

thereon from the times the same ought respectively to have been respect of two
paid, and that the plaintiff may be declared to have a Hen upon all f/j^reed io"i"e paid
the estate and interest of and in the said premises which belonged '^y^"ot.''^"'/'*^*'«"-
to the said Thomas Willows for payment of the amount of what rest thereon, and
shall be so found to be due, together with so much of the plaintiff's }" 'l'^^'' =' ''.^'" ?"

. . , ^ his interest in liia

demands as shall remain unpaid by the means aforesaid, and that premises ;
the same may be raised and paid thereout to the plaintiff accord-
ingly, and that the plaintiff may have the full benefit of the afore-
said securities for the payment of what is so due to him; And if And if necessary
necessary for that purpose, that such of the rents and profits of the ,ef,ts^',',ot jn,,,';!^
said premises, if any, as are not applicable to the payment of the cahh> to the pay-
plaintiff 's aforesaid demands may be applied in discharging all such tur's deniands
incumbrances upon the said premises as have priority to the plain- "!">'*'■ ='l'i''.'<^'i.'"

^ A111 Till discliari;e ol prior

tifi s aforesaid demands ; And that the mortgage debt due to the incumljiances ;
said John Broom and Herbert Broom may be considered as satis- t'l^t a mortfjase

ir>ri-i • ^'-''^^ *'"^' to two

ned to the amount ot the rents and pronts ot the said premises other deftndants
received by them and of the occupation value of such parts of the ""fy '^^ «-oiisi(ier-

•' * ' ed as satisfied to

said premises as have been occupied by them, and that accounts of iiie amount of
such rents and profits and occupation value may be taken accord- ]]j|^'^'^^'."^|^J'''^''|;' ^j'^^
ingly ; And that all other necessary directions may be given for the occupation vahic
purpose ot paying or securing to the plauitiii the payment ot what j|,^j piemises as
is so due to him out of the said premises ; And that some proper was occupied by

„ , . , . , them, and to iiave

person may be appointed receiver of the said premises, and par- an acromit taiveii

ticularly of such parts thereof as were so agreed to be demised to [||.';]'^"' accord-

the plaintiff for securing his aforesaid demands; And that tlie .„„f ,„,. ,i^. .,p-

rents and profits thereof may be applied according to the provisions i';';".'^"| "^ "' ■'

of such agreements, and to be relieved is the scope of the bill ; [and

after stating the substance of the defendants ansivers, the decree

proceeded thus:'] That T. Willows being dead, the plaintiff thought T^Jccital in the

■'■- -■ • f^ r \ ili'<-rec that a

it adviseable to institute a suit in the Prerogative Court lor the pur- .icfanlani iHins

376 DECREES AND DECRETAL ORDERS.

dead, letters of posG of procuring adthinistration of the estate and effects of the

administration • ■, m wr -i tii n t • • • n i ^ ^

limited to the ^^-^'^^ i.W., and accordingly letters ot administration oi the estate

matters in qnes- and effects of the said T. W. were duly granted by such court to

tion were prant- -.^ -r^ t, . . .

ed to the defend- P. F. P., but hmited to the purpose only of attending supplying sub-

plemcutar suit^" s*^^"*^'a*^ino ^"^ confirming the proceedings already had or which
might be thereafter had in the aforesaid cause or suit or in any
other cause or suit which might thereafter be commenced in this
or any other court between the aforesaid parties or any other
parties touching or concerning the aforesaid premises, or until a
final decree should be had and made therein, and the said decree
carried into execution, and the execution thereof finally completed ;

and that the And the plaintiff thereupon filed the supplemental bill in this court

l)hiintif} there- against the said defendant P. F. P., statins the several matters afore-

npon filed a sup- . ...

}>ienicntal bill, Said, and thereby praying that the plaintiff may have the same

fh?s'ame^reHer ^'^^^^^ against the said P. F. P. as if he had been originally a party
against the ad- defendant to the said original bill ; Whereto the counsel for the
if originally' a defendant P. F. P. alleged that he by his answer saith he ad-
party. j^j^g ^c. [ admitting the letters of administration granted, the

proceedings had in the original cause, and claiming such interest
as he might appear to he entitled to as such personal representa-
tive.^ Whereupon and upon debate of the matter and hearing an
exhibit Sec. 8lc. read, and what was alleged by counsel on both
sides, his Honor did order that this cause should stand for judg-
ment ; And this cause standing this present day in his Honor's paper
of causes for judgment accordingl}-, in the presence of counsel
learned on both sides, and the defendants J. B. and R. B. by their
counsel at the bar now consenting that the four several exliibits
marked &c. being drafts of leases in the possession of the defendant
Til. L. and proved by her in this cause shall be considered by this
court as proved by the plaintiff against the said defendants J. B. and
Decree— Leases J?, g.^ J|is HoNOR DOTH DECLARE that the plaintiff is entitled to have
to be execnteu the lease to him, the two several leases from him, and the underlease
according to the fi-Qm the defendant Mary Linwood to him executed by all proper

dratis orJL'inally . ,. i ■, r ^ i tkt xnri ■ • i

prepared and ap- parties accorciing to the draits prepared by Mr. White m the year
proved of, with jgQQ ^nd approved of on the part of the plaintiff, with this differ-

certain vaiia- ^ ' ^ ,

tions, as stated ence, that the lease thereby proposed to have been made by the
in the decree; plaintiff to Thomas Wiilov/s in the bill named is to be made to John
Broom, K. Broom, and John Harriss or those who represent them,
who by virtue of the agreement in the pleadings mentioned as be-
tv/een the said T. Willows and the said J. B., H. B. and J. H. are
entitled thereto, and with this difference also, that if the mortgage
to the defendant John Broom and the late Herbert Broom shall

DECREES AND DECRETAL ORDERS. 377

appear to be satisfied, the plaintiff Samuel Page is entitled to have
the lease granted to him for the additional term of fifty years at the
rent of 40^. per annum ; And it is ordered that all proper parties

do execute the same and counterparts thereof; And it is further Upon the exe-

ordered that as soon as such lease shall have been executed to the Srto^he'plain-

said plaintiff as aforesaid, the said plaintift' do forthwith grant and t'*^". I'e to execute

execute to the said defendant M. Linwood a demise of the said pre- L'tKLL. tracer I

raises agreed to be let to her according to the lease prepared by ^'f^ portions of

the said MrAVhite, to hold for forty-seven years and three quar- cording to the*

ters wanting ten days from the 25th day of December 1807, ^'-aft 'ease ori-

° •' •' ' ginally prepared,

at the annual rent of ^250 to be paid and payable according and thereupon

to the said agreement of the 21st November 1808; And his Tiuued \o re!

Honor doth declare that upon such lease being executed by the ^^ive from her

said plaintiff, the plaintiff will be entitled to receive from the with arrears of

said defendant M. Linwood the sum of £1000 agreed by the said '"^^■"'-''^ thereon;

agreements of the 27th June 1806 and 21st November 1808 to be

paid to him, with interest on the same after the rate of 4 per

cent, per annum, according to the instalments and from the

respective times when such instalments were to have been paid

according to the said agreement of 21st November 1808 and the

draft of the said lease prepared by the said Mr.White; And it is An account to be

ordered that it be referred to the Master in rotation to take an aid*'"i.Scst1hre

account of what is due for principal and interest in respect of the i" respect of the

said sum of £1000 as aforesaid; And it is ordei-ed that the said , '

P 1 • 1 /» -11 also an account of

Master do also take an account of what is due irom the said de- the arrears of the

fendant Mary Linwood to the plaintiff in respect of the rent of [voirdSuianr

c£250 per annum from the 25th day of December 1807, being the M- L., the Master

time from which such rent was reserved &c. &c. payable in and by just allowances in

the said draft lease prepared by Mr.White as aforesaid ; and the ""espect of rates,

I i •' . taxes, ixc.
said Master in taking such last-mentioned account is to make unto

the said M. L. all just allowances for and in respect of all or any

rates taxes assessments and other proper disbursements paid laid

out assessed and made upon or by her ; And it is ordered that An account to he

the said Master do take an account of what is due to the said amrintcrc'sr'due

M. L. for principal and interest in respect of her mortgage in t«) her in respect

It r 1 . U "* ''e'" >"ort};af;c,

the pleadings mentioned, and also an account ol the costs charges and of costs sns-

and expenses which she has paid been put to or sustained in ^^'."^J,, ''^i,'^''^''^,';

certain suits entitled " Browning against Willows," and " Broom relation to iicr
against Linwood," or in any other suit or suits brought against "'"'^^g'^J
them as mortgagee or in any wise incidental to or respecting the
said mortgage ; and it being alleged by the counsel for the plaintiff
and the said M. L. that it has been agreed that the said plaintiff |^|;'^';',":;;;'f„'7,;:

shall become the assignee of the said mortgage, It is ordered that come assignee of

370 DECREES AND DECRETAL ORDERS.

the mortgage, ilic tlic difTerciice between the amount of the account of the principal
accounts (lirecu'd "^terest and costs of the mortgage and the amount of the account
to be taken as of the lent and of the before-mentioned sum of £1000 and interest

between liini and ,, , . in i /> • i i t ^ j

tlie defendant after makmg such allowances thereout as atoresaid above dn-ectea
M.L to bepaid to be taken, be paid by the said plaintifF to the said Mary L. or

aeeordinu to tlie , .

result of the ba- be paid by the said M. L. to the plaintiff according to the result of
stidfaeeoimts" *^^^ balance between such accounts, and if it shall be found that
and tlicreupon the said mortgage debt with interest and costs as aforesaid is satis-
her inort^a^e to ^^^'' "'* I'P^" ^^^^ balance of such mortgage account being paid to
the plaintiff; the said M. L. by the plaintiff, and such underlease being exe-
cuted to tlie said M. L. by the plaintiff as hereinbefore directed, It
is ordered that the said M. L. do thereupon transfer and assign
her said mortgage unto the said plaintiff S. P. or as he shall
direct, and all proper parties are to join in such transfer and as-
signment, which is to be settled by the said Master in case the
The Master to parties differ about the same ; And it is ordered that the said
Ihes'.i[rnd'in5 Master do tax the said M. L. her costs of this suit, and of all
cidental to the costs charges and expenses of the different hearings in this suit
as between 80^- ^^' incidental thereto as between solicitor and client; And it is
citor and client, ordered that the said plaintiff do pay the same to the said M. L. ;

the same to be . , . . ^ ^ ; -i ,t t » i •

paid by plaintiff, -^ncl It IS ordered that thereupon and upon the said M. L. s doing

T\'uT'l^Z what she is hereinbefore directed to do, the plaintiff's bill do stand
the bill to be dis- . . , ' ^

missed as against dismissed out of this court as against the said defendant M. L. ;

„,, ' . , And his Honor doth reserve the consideration as between the said

Ihe consider- i • •/•• i i i

ation reserved by plaintitt and tl^e Other defendants by whom so much of the costs

S'trcostl'above ^^^'^^'^ ^lirected to be in the first place allowed and paid by the
directed to be plaintiff to the defendant M. L. as is or shall be properly costs
aTshaU btT'pro-' ^^ between party and party in this cause, shall be ultimately borne,
periy costs as until after the said Master shall have made his report; And his

between party tt i -i i i i i i • • m i i • ^ i

and party in the "Onor doth declare that the plamtitr ought to be considered as

cause, shall be having a charge upon the several premises in the pleadings men-

Hltiniately borne. • j n i f >=>

Plaintiff declared ^^^^^d tor the purpose of supplying the deficiency, if any, of the

to be entitled to rent of .£200 a-year to be reserved to him by the lease before

plying'^tiie de-''" "mentioned, which was agreed to be granted to Thomas "Willows,

ticiency of two and also for tlie payment of an additional sum of ^200 per annum

yearly sums of-,., n n ■ i i>

o£'2oo to answer during tlie term oi forty-eight years and three quarters of a year

bis demands, or wanting ten days mentioned in the deed-poll of the 2Gth November

iintd his demands „ „„ ., . . - „

are satisfied ; Io07, or until such time as the plaintiff's demands are satisfied.

Such charge not and to have a proper deed executed for that purpose, but such

til at'ioi- mort"' charge is not to take effect until it shall appear that the mortgage

gage is satisfied ; (for £3000 ) which was held by the defendant John Broom and the

if the same deceased Herbert Broom is satisfied, but in case it shall appear

slr.di appear '"> .1 ^ , , . , . • n 1 1 t • 1 i

be satisfied, the '■"'^^ ^^-^cii last-meiitioued mortgage is satisned, then It is ordered

DECREES AND DECRETAL ORDERS. 379

that tlie said Master do settle and approve of a proper deed for Master to settle

securing such two rents-charge accordingly: and in case it shall'' '"'?*'/'''■'*'''"'■"

° t5 J ' 111^ tlie two rents-

appear such last-mentioned mortgage is satisfied, then It is ordered charge, and to

that the said Master do compile interest upon the sum of SpZtf'e'i'o.m't

^13,290. 1*. 6d. from the 25th day of March 1809 according to «f ^''M'laintiff- s

the acknowledgjnent of the said Thomas Willows dated the 19th ing"to"c'eSn'mI

day of July 1810, after the rate of £5 per cent, per annum, and ^''''^^'^'^i

according to the agreement of the 27th June 1806; but in case it bnt if not sa-

shall appear that such mortgage as last aforesaid is not satisfied, me^lnioned'al^ *"

then it is ordered that such last-mentioned account be postponed ^^0""^ to be post-

until the further order of the court; And it is ordered that the ther order;

said Master do take an account of Avhat is due from the defendants »" account to be

J. Broom and John Harriss or either of them or the estate of due to the plam-

Herbert Broom deceased to the plaintiff in respect of the rent of *'*^^'0"^ otl^er

^200 a-year from the 25th December 1807 according to the draft the estate of a

prepared by Mr. White, and according to the said agreement of the ^''^"''*'^?^* party,
r f J ' fs o according to cer-

27th June 1806, up to the date of the report to be made by tlie said tain instruments,.
Master ; And it is ordered that the said Master do also take an a„y otilcr' rents
account of what is due from the defendant J. Broom and John »<^'ejved by them
TT • • 1 PI 1 n TT 1 TT. 1 , or tor their usu,

Harriss or either or them or the estate or Herbert Broom deceased

in respect of the rents reserved by the lease of the 2d day of Au-
gust 1806, and the agreement of the 30th day of June 1808, and
in respect of any other rents of the premises or any part thereof
received by them or any or either of them or by any other person
or persons by their or any or either of their order, or for their or
any or either of their use ; And it is ordered that the said Master the Master to
do set an occupation rent on such part ( if any ) of the premises J?j,j ^'enTnpon"
not included in such lease or agreement of which they or any or such part of the
either of them shall have had a valuable occupation, or which cindcd in a lease

would have produced rent but for their or his wilful deflxult, and =>"/' agreement,

^ ••111° which said dc-

ascertain what is due in respect thereof; And it is ordered that ftndants had a

what he shall find due on such several accounts or any of them p!J [■„,''' "J,, "^.J"J,,

be set against what he shall find due in respect of the principal wonid liave pro-

and interest of the mortgage for £3000 which was vested in the forthcir wilful

defendant J. Broom and the said H. Broom deceased; And it is dofanit the_

, , f. ainotnit to be

ordered that the said Master do ascertain and state whether after fo„nd due on

so doing any thing and what remains due upon such mortgage, or f".''^;,t'*'„jf '"^[fi„ft

when by such means the same was paid off; And it is ordered that the amount of

he do for such purpose take the account of principal and interest f„'J",*^!J';' i^\^

on such mortgage ; And it is ordered that the Master do take an f<mnd due in re-

° "^ ' 1 • 1 • r tl spect ot a niort-

account of the rents and profits of the said premises (jr any ot Uicm j,,,^,,. ^.^.^^^^^ ■^^^
received by the defendant R. Rosscr or by his order or for his the d.fen.lants;
under the deed of the 20th day of September 1806; And his ,^;';;;':,7;;„;",';*:

use

380 DECREES AND DECRETAL ORDERS.

ceived by an- Honor doth reserve the question whether he is hable for any arid
the question as ' ^^'^^^^ further portion of the rents and profits of the said premises ;

to his liability for And it is ordered that the Master do also take an account of what
any further rent -t n n \ • p i • i i

reserved; rents and pronts ot the promises or any oi them were received by

the defendant II. Rosser and the deceased R. S. White jointly or

The parties to be by their order or for their use, and what has become thereof; And

iiiterrogato"les, ^^r the better taking of the said accounts and discovery of the

and to produce matters aforesaid, the parties are to be examined upon interroga-
all deeds, papers, . ^ iip , -i-ir nii

Sec. tones, and to produce on oath beiore the said Master all deeds

books papers and writings in their custody or power relating thereto
the Master to as the said Master shall direct, who in taking of the said accounts
lowances and to is to make unto the parties all just allowances, and the said Master
be at liberty to jg ^q jjg ^^ liberty to make a separate report or reports as to any
make separate •' n , ■, ■ -,

reports, and to 01 the matters hereby referred to hmi, and to state any special

ciimstancer^ ^^'^' circumstances at the request of either of the parties as he shall
Directions as think fit ; And it is ordered that the plaintiff do pay unto the de-
to costs. fendants E. Willows, Sarah M. Sankey, John Hanbury, and Da-

niel Sutton their costs of this suit to be taxed by the said Master
in case the parties differ about the same, including the costs of
all the former hearings ; And it is ordered that thereupon the plain-
tiff's bill do stand dismissed out of this coui't as against the said four
last named defendants ; And his Honor doth reserve the consider-
ation of all parties' costs so far as not hereinbefore provided for, and
also the consideration of all further directions and of the subsequent
costs of this suit until after the said Master shall have made his
general report; And his Honor doth declare that the plaintiff in
his costs is not to be allowed the costs of more than one hearing,
and any of the parties are to be at liberty to apply to this court
as there shall be occasion.

DECREES AND DECRETAL ORDERS. 381

* XIV. Decree declaring the legitimacy of the plaintiff, as the
eldest son of his father, as established by the verdict of a
jury on the trial of an issue; also declaring certain agree-
ments entered into by the plaintiff with a younger brother
to be void, ( the grounds on which such decree was founded
being inserted in the decree,) and directing a reference to
the Master to taJce an account of monies paid by the plain-
tiff to the defendant, and to compute interest thereon, the
amount to be paid into the bank subject to further order;
decree made without prejudice to any claims tvhich the de-
fendant might establish against the plaintiff. ( Gordon v.
Gordon, 3 Swanst. 400, 478.)

The decree stating that the cause now stood for judgment, and
reciting the pleadings, and that the parties proceeded to a trial of
the issue on the 27th February 1S18, when the jury found that the
plaintiff was and is the legitimate son of Colonel Harry Gordon,
proceeds thus : — " His Lordship doth declare that it is established
by the verdict found in this matter that the plaintiff is the legitimate
son of his father, and his Lordship doth declare that Peter Gordon
his elder brother must also have been legitimate, and consequently
that the defendant James Gordon was not the heir at law of Harry
Gordon the elder, nor of the said Peter Gordon, and farther that
it appears that if Peter Gordon was not legitimate, yet if having
survived Harry Gordon the elder he became entitled in fee in law
or equity to the estates in question by virtue of his father's will
mentioned in the agreement of 1790 to bear date the 5th day of
August 1787, the defendant James Gordon could not be entitled
at his father's death or at the death of Peter Gordon to the estates
of Harry Gordon the father as his heir at law, or have any well-
founded claims to the said estates as such heir at law ; that never-
theless the agreement of 1790 purports to be made between the
plaintiff Harry Gordon and the defendant James Gordon claiming
to be the heir at law of the testator Harry Gordon the elder,
and as such, making certain claims upon tlie estates therein
mentioned, over and besides the provisions made for him by
the will and codicil of 1776, 1782, and 1787, recited in the said
agreement of 1790, and which will and codicil are thereby by
the said plaintiff and defendant admitted to have been made by
the said Harry Gordon the elder; that it further appears from

382 DECREES AND DECRETAL ORDERS.

the recitals of the said agreement of 1790, that if Peter Gordon
had been illegitimate and Harry Gordon the younger also illegi-
timate, and if the estates were vested in Peter Gordon by virtue of
the said will of 1787, the said James Gordon could not as heir
at law of his father or otherwise by his contract or by any other
liis act authorize or give title to Harry Gordon the younger to enter
upon the said estates or empower him effectually to require the
mortgagees mentioned in the said agreement to reconvey to him the
said Harry Gordon the younger upon payment of what was due to
them, or vest in the said Harry Gordon the younger any interest
in the said estates, save the said James Gordon's interest as a
legatee ; that it also appears that the other agreement of the 4th
day of February 1805, as well as the said agreement of 1790, was
made between the parties thereto in consequence of the supposed il-
legitimacy of the plaintiff negatived by the before-mentioned verdict ;
and that the defendant, if the plaintiff was illegitimate, had no title
to the lands in America, nor any right for his own behoof to hinder
the plaintiff from obtaining possession thereof subject to the charges
thereon, in case such lands under the grant thereof were vested in
his father, and passed by his father's will to Peter Gordon; And his
Lordship doth declare that if the plaintiff could not be relieved
against the said agreements on the mere ground of mistake re-
specting his legitimacy, or on the ground that the said agreements
were entered into in consequence of mistake and misapprehension
respecting such legitimacy, yet that the plaintiff is entitled to be
relieved against the same as having been also entered into under a
misapprehension and misunderstanding that the said James Gordon
the defendant had such right and interest in the said estate as
would enable him effectually to give and assure to the plaintiff
those benefits and interests which, for the considerations mentioned
in the said agreements, are contracted or agreed to be given and
assured to him by the said James Gordon ; and inasmuch also as it
is estabhshed by the evidence in the cause, that prior to the enter-
ing into the said agreement the defendant James Gordon had been
informed and knew that a ceremony of marriage had previously
taken place between his father and mother before the birth of the
plaintiff (being the marriage which by the aforesaid verdict has
been established as a valid marriage ), and the said agreement
having been entered into with such previous information on his
part, and without such information being imparted to the plaintiff,
who might, if the said James Gordon had communicated to him
that information, have been able by due inquiry to prove his le-
gitimacy as he has since proved the same after he had discovered

DECREES AND DECRETAL ORDERS. 383

that such ceremony had previously taken place; His Lordship doth
therefore declare the agreements in the pleadings mentioned, bearing
date the 30th day of March 1790, and the 4th day of February
1805, to be void, and doth order and direct that the same be de-
livered up to be cancelled ; And it is further ordered that it be
referred to Mr. Dowdeswell to whom this cause stands referred,
to take any account of all sums of money paid by the plaintiff to
the said defendant James Gordon or to any other person or persons
by his order or for his use in respect of the annuity mentioned in
the agreement bearing date the 31st day of March 1790, and of the
sums of ^4800 and interest and ^1040 in the said agreement also
mentioned ; And it is ordered that the said Master do compute
interest on the respective sums paid by the plaintiff to the defend-
ant James Gordon from the respective times of paying the same,
and for the better taking the said account &;c. ; And it is ordered
that what the said Master shall find to be the amount of such
sums and interest, be paid into the bank with the privity of the
Accountant-General of this court on the credit of this cause, sub-
ject to the further order of this court ; And his Lordship doth
reserve the consideration of costs &c. ; And this is to be without
prejudice to any claims which the defendant James Gordon may
have or can establish against the plaintiff in respect of the estate
or effects of Harry Gordon the elder deceased or Peter Gordon
deceased or either of them in any suit or proceedings which he
may be advised to institute against him and other proper and ne-
cessary parties."— Reg. Lib. A. 1820, fol. 1984.

384 DECREES AND DECRETAL ORDERS.

* XV. Decree for sale of an estate and payment of mort-
gagees and judgment creditors according to their 2^fiorities.

One account to It was declared that one account should be taken of what was

be taken of what j^g j-q j.jjg defendants the mortga<Tees for principal and interest on

was dne to the ^ _ o o r i

mortgagees, the their respective mortgages, and to tax them their costs of this suit

SlS^cost's in'' ^"^ ^^ ^''^^^ 5 ^"^ *^i^^ *^^^ Master should take an account of the
equity and at rents and profits of the premises comprised in the defendants the
An account to be ^icholls's mortgage which had been received by the said defendants
taken of the rents or by their testator or any of them, or by any person by their or
w^hicb but for either of their order or for their or either of their use, or which

wilful default without their or any of their wilful default might have been re-
might have been .1*11 1 1111 • 1 ot
received, by cer- ceived ; And that what should be commg on the account 01 the

tain mortgagees; rents and profits should be deducted out of what should be found

the amount *■ ^

thereof to be de- due to the said defendants the Nicholls's for principal interest aiid

amo^unt to"™ e^ '^ costs ; And the Master was also to take an account of what was due

found due for for principal and interest to the seveTal judgment creditors who

rest and' costs- were parties to the said suit, and also to the several judgment cre-

An account to be ditors of the defendant H., and all the said judgment creditors were

pal^and interest *° ^^ ^^ liberty to come before the said Master and prove their

due to the judg- judgments; And the said Master v/as to cause an advertisement to
mcnt creditors*

Judgment cred'i- ^® published in the London Gazette, and appoint a peremptory day
tors to prove be- for that purpose ; And such of the said judgment creditors as
or to be excluded- should not come in by that time were to be excluded the benefit of
The Master to the Said decree; Arid the said Master was to state the priorities of
pHoritles of^tlie ^^^ several mortgages incumbrances and judgments; And by con-
mortgages, &c. sent of the defendant T. C. the only acting executor of J. C. esq.
the estate in deceased another mortgagee, It was ordered that the estate in ques-
question to be tion should be sold \vith the approbation of the Master to the best

sold, and the pur- iii-i r"!

chase-monies ap. purchaser that could be got for the same; arid the money aris-

Sf ^the"mo?t'^'ageI ^"^ ^Y *^l^ sale of the respective parts of the estate in question com-

and judgment prised' fitf ilte 'mBrtgages iaiid'ih the securities 'of such mortgages be

ing to their pri-' s^PP^i^d in Satisfaction of the money due on the respective mortgages

orities; according to their respective priorities; And that the money arising

'^^Ibythe^kid sal'6 should be applied in payment of the judgment

the surpbis to be Creditors accordirig to their' respective pribrities; And if th6re

gagor'' ti'emort- should be a surplus of the ttibnies arising by sale, it' was ordered

that the same should be paid to the defendant H. [w?7/e theitsual

directions for taking the accounts.] , "^ <-'f'<^' '.«> o.'

DECREES AND DECRETAL ORDERS. 38o

XVI. Form of a decree nisi where defendard makes default.

This cause coming on &c. in the presence of counsel learned for
the plaintiflf, no one appearing for the defendant, although he was
duly served with a subpoena to hear judgment in this cause as by
affidavit now produced and read appears, the substance of the
plaintiff's bill appeared to be that &c. Whereupon and upon hear-
ing &c. 'read, and what was alleged by the counsel for the plaintiff,
His Lordship doth order and decree that &c. ; And this decree is
to be binding on the defendant unless he, on being served with a
subpoena to show cause against the same, shall at the return thereof
show unto this court good cause to the contrary; but before the said
defendant is to be admitted to show such cause, he is to pay unto
the plaintiff his costs of this day's default in appearance to be taxed
by the Master.

XVII. Minutes of a decree for a partition ; — an infant de^
fendant to have a day to show cause.

Let a commission issue to commissioners to be therein named to
make partition of the estate in question, who are to take the depo-
sitions of witnesses to be examined by them in writing and return the
same with the said commission, and let the said estate be divided into
moieties and set out in severalty, whereof declare one moiety to
belong to Mr. N., and the other moiety to plaintiff SirW. M., and
let the respective parties convey their several moieties to each other
to hold in severalty according to the respective undivided moieties
thereof, and let the Master settle the conveyances in case the parties
differ about the same ; And until such conveyances shall be made
let the several parties generally hold and enjoy their respective
divided moieties against each other or any cluiniing under them;
And let the said defendant Miss N. an infant execute the convey-
ance before directed to be executed by her, unless she, on being

served with a subpoena, shall witiiin months after she shall

attain her age of twenty-one years show unto the court good cau^e
to the contrary.

Vol. II. B B

386 DECREES AND DECRETAL ORDERS*

XVIII. Minutes of a decree for a partition of an advotvson in
moieties, the bill being dismissed as to one defendant with
costs.

Declare that plaintiff is entitled to have a partition of the ad-
vowson of the vicarage of the parish church of W. in K. into
moieties, to present by alternate turns, and decree that a partition
he accordingly made thereof in moieties between plaintiff and de-
fendant E. S. devisee in the will of J. S. ; And for making such
partition the plaintiff and defendant E. S. are mutually to exe-
cute conveyances to each other, so that plaintiff may hold one
moiety of the advowson to him and his heirs, and defendant E. S.
may hold the other moiety to her and her heirs, as tenants in com-
mon in severalty respectively ; And in such conveyance let a clause
be inserted that the plaintiff and his heirs and defendant E. S.
and her heirs shall present to the said vicarage by alternate turns,
and if the parties differ the Master is to settle the conveyances,
and the charges of the conveyances are to be borne equally be-
tween the plaintiff and defendant E. S. ; And it appearing in the
cause that J. S. under whom defendant E. S. claims hath since the
agreement for the partition or division of the premises presented
upon the last avoidance. It is ordered and decreed that the plaintiff
do present on the next avoidance being the first turn from this
time; And it is further ordered that the plaintiff's bill as against
the defendant the heir at law of the said J. S. be dismissed out of
this court with costs according to the course of the court, but
his Lordship does not think ht to give any costs as between the
plaintiff and the defendant E. S.

"DECREES AND DECRETAL ORDERS. 387

* XIX. Order for Uherhj to apply to the Court of King's Bench

for payment to the plaintiff' and defendants of money paid

into the hands of the Master of that court, the amount to

he paid into the bank to abide the event of the cause.

( Hawkshaw v. Parkins, 2 Swanst. 539, 550.)

His Lordship doth order that the plaintiff be at hberty to make
an application to the Court of King's Bench for payment to him
and to the defendants of the money paid by the plaintiff into the
hands of the Master of the said Court of King's Bench pursuant
to the order of Mr. Justice Bayley on the 23d day of June 1818,
and it is ordered that they do pay the same when so received, to be
verified by affidavit, into the bank with the privity of the Accountant-
General of this court on the credit of this cause to abide the event
of this cause, but this order is to be without prejudice to the right
of any of the parties to such money or any of the questions in this
cause; Reg. Lib. A. 1818, fol. 1281.

XX. Direction to a Master to appoint a receiver for one moiety
of the estates in question, the receiver to be at liberty to
let the estates with the approbation of the Master.

And the said Master is to appoint a receiver for one moiety of
the estates in question and allow him a reasonable salary for his care
and pains therein, such person to be appointed receiver first giving
security to be allowed of by the Master, and to be taken before a
Master Extraordinary in Chancery in the country if there shall be
occasion, duly and annually to account for and to pay what he shall
so receive as the court shall direct, and the tenants of the said
estates are to pay their rents in arrear and growing rents to such
receiver, who is to be at liberty to let and set the said estates from
time to time with the approbation of tlie said Master as there shall
be occasion, and the said receiver is to pay the balance of his
accounts from time to time into the bank subject to the further
order of the court.

B 2

388

DECREES AND DRCRETAL ORDERS.

• iO!\cjmu?(iO'i bttR 9?ij YTfizaaasn 9ifi idi aiDoRs lofiio ban ?.noi>ivo'(fr

amXXI. Minutefi of an order directing a consignee of an eiidte

0 in the West Indies (being appointed by the Master pursuant

to the decree) to transmit his accounts half-yearly of the

produce consigned to him, also to make insurances on the

consignments, also to transmit stores and effects for the use

aoqu Kwf the estate ; the defendant to deliver over an inventory

xEoh mwf the negroes, Sfc. on the estate, and the consignee to remit

i»l 9it; to him such sums as shoidd be laid out in negroes and re-

^ H hspairs ; the consignee to pass his accounts annually and to

pay the balance due into the bank.

Outline of the case. . ', ,.'

R. C. by will devised a plantation at St. C. to his eldest son D.
for life with limitations to other children, and directed that the clear
produce of his plantation till his debts and legacies should be paid,
to be from time to time shipped in such ships as defendant C. his
heirs and assigns should direct, and consigned to him, and that his
son should send an account every year of the produce, and if he
did not, then defendant C. with the consent of his trustees was to
put an overseer on the estate.

The bill was brought against the trustees and sons for an account
of the rents and profits, and that an overseer or receiver might be
appointed of the estate.

The decree referred it to the Master to appoint a proper person
in L. to whom the defendant C. should consign and send over the
profits of the plantation and houses in question to be disposed of
according to testator's will, and defendant C. was accordingly from
time to time to consign and send over the profits to such person so
to be appointed, and R. S. was appointed consignee.

Order.

Let U.S., the consignee approved by the Master, twice in esvery
year transmit to defendant C. a true account of the sugars and other
produce of the plantation consigned to and received by him upon the
respective consignments, and of the sales thereof, and let the said
R. S. make insurances upon the sugars and other produce of the
plantation that shall be consigned to him in such manner as shall
be reasonable with the approbation of defendant D. C. or of such
pierson as he shall appoint, and let the charges thereof be paid
out of the money arising by the sale, and let the said R. S. transmit
over from the said plantation to D. C.'s attorney at St. C, such stores

DECREES AND DECRETAL ORDERS. 38i)

provisions and other effects for the necessary use and consumption
of the said estate as the said R. C. shall by letter from time to time
desire with the approbation of the Master, and let defendant C.
deliver over to the said R. S. an inventory of the negroes mills and
utensils now upon the plantation, and let the said R. S. pay or
remit to the said R. C. such sums of money as shall be reasonably
laid out by the said C. in negroes utensils cattle and repairs upon
the plantation, to be ascertained by an account to be sent from time
to time by the said C. to be verified by affidavit, which sums are to
be settled by the Master if the parties differ; And let the said R. S.
pass his accounts annually before the Master, and pay what shall
appear to be due from him on the balance of his account from time
to time into the bank with the privity of the said Accountant-Gc-
neral of this court &c.

-I*. XXII. Minutes of an order directing the appointment oj" persons
'^'A X . to manage an infant's estates in the West Indies, unih di-
(,{)J y.B'W rections as to remitting the rents and produce ; also directing
the appointment of a guardian for the infant. r;i9vo ne in *

,,^i Let it be referred tp the Master to approve of a proper person
in the island of B. to manage the plaintiff's the infant's estate there,
and receive the rients and profits thereof, and to remit same over
|^,> defendants in E. in trust for plaintiff; and what shall be from
time to time so remitted by such person so to be a])provcd of as
aforesaid to defendants is, after a deduction of what shall be allowed
for plaintiff's maintenance, to be placed out at interest &c.

Let it be referred to the Master to approve of a proper person
to be appointed guardian of the person and estate of plaintiff E. O.
the infant, and he is to state same to the court, and thereupon such
further order shall be made relating thereto as shall be just.

And let the Master appoint one or more proper person or person?
in the. island of B. to manage said plaintiff's the infant's estate there,
and to receive the rents produce and profits thereof, and he or they
is or are to remit same, to a proper .person in L. to be approved of
bj? the blaster for that purpose; and the said Master is to make
such person to whom the same shall be so remitted a reasonable
allowance in respect thereof; but such j>erson is first to give security
to be approved of by the Master duly to account for and pay what
he tihall so receive by such remittance as thi&'COurt shall direct.

390 DECREES AND DECRETAL ORDERS.

* XXIII. Decretal order under the stat. 7 Geo. 2. c. 20. w/?on a
petitloti for redemption of a mortgage, presented by the
party entitled to the equity of redemption, defendant to a
bill of foreclosure ( 1 ). '"* ^^J^'

At the Rolls.
Master of the Rolls.

AVednesday the 6th day of August &c. 1794.

Between Richard Huson, - - Plaintiff,
and
Jane Hewson, - - Defendant.

Recitalof the de- Whereas Jane Hewson widow did on the 25th day of July last
ilray?"'' ^a'*ref er" pi'^f^r her petition unto the Right Honorable the Master of the

cnce to the Mas- Rolls, setting forth that by indentures of bargain and sale dated the

ter to take an

account of the ^^-th day of May 1759 and made between J. H. the petitioner's late

piincipai and in- husband (in right of the petitioner) the petitioner and M.S. of

teiest due to the ^ .

plaintiff, and for the one part, and Thomas Gibson of the other part, the said

iireqni'tvrand"'^ "^^ ^' ^^^ *^^^ petitioner in consideration of i'200 paid to them by

npon payment the Said T. G. did grant and surrender to the said T. G. a messuage

l)laintiff mi^ht ^^ tenement by way of mortgage for securing ^£200 and interest ;

re-convey the that plaintijff has become assignee of the said mortgage, and that
premises and de- ^, . . . . i i ^ • n i • i • mt

liver up all deeds, the petitioner IS entitled to the equity oi redemption, and is wiihng

praynig also for ^^d desirous to redeem the said mortgacred premises, and to pay

an injunction to i • • ■ . & o i j tr j

restrain the plain- the plaintiff R. H. all principal money and interest due on the said
ill electment'-"^* mortgaged premises, and has applied to the said R. H. and offered
to pay the same ; that the said plaintiff R. H. notwithstanding in
Easter Term last and subsequent to such offer filed his bill in this
cause to foreclose the said mortgaged premises, to which the peti-
tioner has appeared and obtained an order for time to answer ; and
in the same Term the said R. H. served the tenant in possession of
the said mortgaged premises with a declaration in ejectment, to
which the petitioner has appeared and entered the common rule,
and praying that it might be referred to the Masters of this court
to take an account of the money due to the plaintiff for principal

Ju ejectment ;

(1) f^ee Hifson v. Hewson, 4Ves. 104, 2d edit., and the cases referred
to itj note (57), ibid.; '2 Madd. Ch. Pr. 265, 428; Piacdv. Hull, 1 Sim.
»S: Stu. o:31.

DEGREES AND DECRETAL ORDERS. 391

and interest and for costs as well at law as in this court ; and that
upon payment by the petitioner of what shall be found due upon
such account the plaintiff might re-convey the said mortgaged pre-
mises to the use of the petitioner her heirs and assigns for ever,
and might deUver up to the petitioner all deeds and writings in his
custody or power relating to the same, and that in the mean time
the plaintiff might be restrained from proceeding in this cause and
in the aforesaid ejectment and from all other proceedings at law
against the petitioner in respect of the matters aforesaid ; Where-
upon all parties concerned were ordered to attend his Honor in the
matter of the said petition this day, and counsel for the petitioner
and for the plaintiff this day attending accordingly, upon hearing
the said petition and the said indenture dated the 14th day of
May 1759 read, and what was alleged by the counsel for the peti-
tioner and for the plaintiff, and the defendant by her counsel ad-
mitting the mortgage in the pleadings mentioned, and that the prin-
cipal money and interest sfecured thereby are still due to the plain-
tiff, and now offering to pay the same to the plaintiff, together with
his costs in this court and at law, pursuant to the late act of par-
liament in that case made and provided. His Honor doth order Dccrefal order
and decree that it be referred to Mr. H. one of the Masters of this ' ''^j^V,?^^i'* ^tl^^'

tiice 10 iiie Ulas-

court to take an account of what is due to the plaintiff for principal ft' to take au

and interest on the mortgage in the pleadings mentioned, and to Hpai andintei'rst

tax him his costs in this court and at law ; and upon the defendant's <'"<'' ,•".'*' '° ^^^

paying unto the plamtifi what shall be reported due to liuu tor costs at law ami

principal and interest and costs as aforesaid within six months after '" <^'l'"ty, i"Hl

i^ L -If "poii |)avmenl of

the said Master shall have made his report at such time and ])lacc the aniount n>
as the said Master shall appoint, It is ordered that the plaintiff do J^^ moll Ihs" If ,'!',•
surrender the said mortgaged premises free and clear of and from »''<■ i<i><>i t, piain-

„ . , 111- I • • I r 1 '''^ ^0 Miiniidcr

all mcumbrances done by him or any claiming by from or under ,i,^, p,,.,„is(.s to
him, and deliver up all deeds and writings in his custody or power ^''^ <i»ivi"l:>"t.
relating thereto upon oath to the saul defendant or to whom slie all deeds, \-c.
shall appoint ; but in default of defendant's paying unto the said p.ut in difanit of
plaintiff such principal interest and costs as aforesaid by the time !,\\'J"'*;''i,j''j-J,"!''
aforesaid, the said defendant is from thenceforth to stand absolutely closed;
debarred and foreclosed of and from all right title interest and equity
of redemption of hi and to the said mortgaged premises ; and for
the better taking of the said accounts the parties are to produce ^y;"'''" '" l"";
bcfore the Master upon oath all deeds papers and writings in their ^.'J.'/ "' "'"'
custody or power relating thereto, and are to be examined upon
interrogatories as the said Master shall direct, who in taking of the Master i.. n,..ke.
said account is to make unto the parties all just allowances, and any j^^j aiio«a.Kes.
of the parties are to be at liberty to api)ly to the court as there
shall be occasion.

.302

DECBEES ANI* DECRETAL ORDERSj .

„%i; XXIY; Bettee far^h Ucdount bf tithes. ^

Declare that it be referred to the Master t6 tay ar¥bc5iir]Wf
wliftHM due to the plaintiff from the defendants respectively for all
tithes of corn grain and hay and all other titheable matters as well
small as great which have arisen accrued and renewed on tlie land'
and premises in the occupation of the defendants respectively within
the pariah of I. in the &c. and the titheable places thereof from
—-J For the better taking of which account both sides are to pro-
duce &c., the Master to make all just allowances; And let the
defendants pay unto the plaintiff what shall be found due to him
from them respectively, together with the said plaintiff's costs of
tlii^ suit to this time to be taxed by the Master, and reserve the
consideration &e^ bsywnoiq so .^56 giood igiijo IIjb bn> noiaairaraoo
>j« :>>J -ij.,, c-i 'Suvd ibA-:: '■■-' 4^imib ilarh 1938bM bixsa as izsti- — -

si il httB ; 98119^2? -jiix 3.f; "tof*iQr{,t gaiqoa Silfii oi \H3di^

laifjia 26 IfihJ 0-;: .footqod losiaili &9iqoa dDua i^di boiobvj

A XV. Decree m a cross-cause for a» account of tithekni^

And as between the plaintiff in the cross-cause and the defend-
ants G. and H. it is ordered and decreed that it be referred to the
said Master to take an account of the tithes of potatoes growino-
renewing and arising on the lands held by the said defendants G.

and H. in the parish of W. in the county of E. from the year .*

exclusive, on the taking of which account the Master is to make
all just allowances ; And for the better taking thereof both sides
to produce &c.

And it is ordered and decreed that the said defendants G. and
H. do pay unto the plaintiff W. what shall be found due to him
upon that account, and also his costs in the cross-cause hitherto to
be taxed by the said Master, as far as the same relates to the
demand of tithes of potatoes; (subsequent costs reserved.)
him ^baawboiq 3!5 ^^ :;f>i*!?f,; \\:

DECREES AND DECRETAL ORDERS. 393

XXVI. Order directing an action of trover to be brought, and
that the defendant should make certain admissions.

Poth decree that the parties do proceed to a trial at law in the
Cpurt of King's Bench in London, at the Sittings in the next Term,
or at such other time as the Lord Chief Justice of that court shall
appoint, in an action of trover to be brought by plaintiff against

the defendant T. for packs of woollens in question in this

c^use, and the said W^T. is to name an attorney and appear and
accept a declaration and plead the general issue ; and in order
that the property of said goods may be tried on such trial, said de-
fendant is to admit that the goods in question came to his hands,
and also to admit a demand and refusal ;

And it is further ordered that all proceedings under the said
commission and all other books &c. be produced &c. on or before

next as said Master shall direct, and either side is to be at

liberty to take copies thereof at their own expense ; and it is
ordered that such copies thereof be produced at the trial as either
side desire, and give notice thereof in writing.

Further consideration reserved till after trial.

mh 6l b9TX9l9i 9d Hi teill bopioob b«B h
■^nivfomgEOolJBJoq'io'aadJil of\i !« inuomsi an ojTe^ o
.O KlriBbfraMi bii58 ^^iV^ bf^^^ zbnsf 3ii) no - - -

XXVIL Minutes of an order directing a trial at law in
ejectment.

Let all parties proceed to a trial at law at the next assizes

for the county of S. in an ejectment upon the demise of the now
plaintiff, and defendants to name an attorney to appear to the
ejectment, and to enter into the common rule to confess lease entry
and ouster;

And let the original lease &c. all deeds &c. be produced, and

reserve all &c.

394 DECREES AND DECRETAL ORDERS.

l*i\XXVIII. Minutes of an order directing a trial at law, to ascer^
i4 *«o^ tain whether and when a person became bankrupt.

. Let the parties proceed to a trial at law upon this issue, whether
Af. P, did on or before — -~7^ commit any act of bankruptcy within
the inte7it and meaning of the several statutes relating to bank^
ruptSf or any of them, and if the jury shall find he did not commit
any act of bankruptcy on or before that day, and that he committed
an act of bankruptcy at any time afterwards, in such case the par-
ticular time when he committed ?u,ch act of bankruptcy is to be
indorsed on the postea. ^^f ,j^

And plaintiff here is to be plaintiff at law &c. Sec.

iiti/ i.^ -

XXIX. Order directing a trial at law upon certain issues, with
directions in case the Jury shotdd find any ptarticidar right
, . V Iparying in circumstances from the issues as laid.
Ik;'

'Doth order that the parties do proceed to a trial at law at the

next • assizes for the county of Y. upon the following issues,

whether &c.

And it is further ordered that plaintiff the mayor and commonalty
of the city of Y. be plaintiff at law, and it is hereby referred to

Mr. &c. to settle the issues in case the parties differ about

the same; And to the end such trial may be had, defendants are
forthwith to name an attorney to accept a declaration and appear
aiid plead to issue ;

And in case on said trial the jury shall find any particular right
though varying in some circumstances from the issues as laid, it
is ordered that the same be indorsed on the postea.

Further directions reserved &c. ; Hberty for either party to apply.

DECREES AND DECRETAL ORDERS. 395

XXX. Mimites of an order directing a trial tit Bar in the
Court of King's Bench by a special jury ^ six of whom to
have a view of the premises.

Let plaintiff P. and defendants proceed to a tml at bar in the

Court of King's Bench next Term or at such time as that

court shall think fit, by a special jury of the county of S. on this
issue whether &c.

And the sheriff of the county of S. is to attend the Master with
his book of freeholders, whereout the names of forty-eight persons
are to be taken, and each is to be at liberty to strike out twelve,
and the remaining twenty-four are to stand and be returned on
the jury, and six of the jury are to have a view of the premises ;

And the plaintiff P. is to be plaintiff at law, and the Master is
to settle the issue if the parties differ ;

And to the end said trial may be had, defendants are forthwith
to name an attorney to accept a declaration to appear and plead to
issue ;

And let both sides produce before the Master all deeds &c., and
either side is to be at liberty to inspect and take copies thereof at
their own expense, and such of them as either side shall give
notice for are to be produced at said trial; And after said trial
shall be had, either party is to be at liberty to apply to the court
for further du'ections.

XXXI. Order directing issues to be taJten pro confesso, unless
the plaintiffs proceed to trial within a limited time.

Upon opening &c. unless the plaintiffs in the issues do proceed

to the trial thereof some time in , it is ordered that the said

issues be taken /<;-o confesso as if the same had been tried and
found against them, without further motion.

396 DECREES AND DECRETAL ORDERS.

^ • XXXII. Minutes of an order directing the plaintiff^s bill to be
retained for a limited period, ivith liberty to him to bring
an action at law, and in default thereof withi^ the time

/ limited, the bill to stand dismissed with costs,

X<et the plaintiff's bill be retained for months, and in the

mean time plaintiff is to be at liberty to bring his action against de-
fendant for what is due to him for the matters complained of in
bill, and the same is to be tried at the next assizes for the county
ofS. ;

And both sides are to produce before Mr. S. one &c. upon oath
all books &;c. on or before &c. ; either side to take copies &c. ; and
such of them as either side shall give notice for are to he produced
at said trial vaogqicorlT -aM Qt Jb&Tisls^i sd; 3i ifirii fans ^bsaiarsf 9' 1

And in default of plaintiff's bringing such action and proceeding
to trial by the time aforesaid,- then it is ordered that plaintiff"s bill
do stand dismissed out of this court with costs to be taxed by said
Master; , :o i.iU .^Siiia'., l. ;•;■ ■[..■.i':--. ■^.■-

But in case plaintiff sb all JbrihgsuekactiMiabdpfbce^'^tG trial
as aforesaid, then the court will reserve the consideration of aU
further directions &cai iioqiji oak bxis ,a ? .3i *^o intjiunitv' .,^

.„.. ..;,.;. ..... ^j.iuosB to ziaemii-nmi Si ^ bio labio noi^?yK

i&dif noqsi has, oiijipni oak biuotCa isKJafiM sdl isdi bnB ,9«ih oi
iqi9D9"i sdi oJ ' &B.'i^Q'^hn3C{2'iT ssoaamj arij "io ihm \o aioG sdJ oiQVf
=soq srfjf hnm omb oJ e>imi mci^ '^anom-JauiJ adJ "io iuo ^nio£.Iq brif?
h\^.Lapsilxio^t~.-t? 1tl biiA :smBg odi lol a^hhuoez sris to noiggs-;
ioef^^eh ^^"^^ declaring an account to have been f^r^ffp t^^.

<l

r-i J r> recommcudinff a prosecution for forireru, ;

JO X1DB9 10 {.,S9^*M ..w ii-.^..fe. ...<., ,....^...^.-.- •«— . ^^^ Q. i'- -

; tfij>M Iko -jf^dio fo Pi^ffio ?^Hj lo loB yn£ o3 v{97i309qa9i aaaJauil sil)

His Lordship declared he was of opinion that the account pro-*

ducqd before him dated &:c. is a forged account, aiid recommended

it to plaintiff to prosecute said defendant for forging said accoimt

or pubHshing same knowing it to be forge<l. ->;; xo t i/^js] .iii:->iC)

And said account being filed in the office *>■? the Register -foc)

filing . affidavitss in this court annexed to the affidavit made by said;

5. H., it is ordered that same be carefully preserved in the affidavit;

office,, to. the end it may be forthcoming in case any prosecutioii'

shail,bp, carried on against the said defendant or. any other person)

for forging the same. ;;,:jrj io liji.'riJ d:ju:?

,,And that the proper officer in the taid office do attend 'with tKe'

sa,j4,|^Ci^qiin|^on, any trial to be had for such forgery, beh}g paid

Ills fee? ^or such attendance.

DECREES AND DECRETAL ORDERS. 3J)7

* XXXIV. Decree by the Lord Chancellor reversing mi order of

dismission made by the Master of the Rolls, and directing

imjtdries as to the application of certain trust-monies and the

v«vu, ii^^fg ^ fj^^ trustees thereof relative thereto, and in case the

Master should find that either of the trustees had committed

a breach of trust, then the Master to state in ivhat such

' * ^ • ^hacHbf trust took place, and whether tlie cestui que trust

knew of the irusiees' liability in respect of such breach df

trust previously to her ejcecuting a power of attotiieij,

iiiiW^sf^PTaiker^r. Symonds, S Stvanst. p. % 44.; "'^ ^^*^ bns jiid

[ 77^e decree on further directions is inserted posteUy

'n.'tr p c:}}h ^oiqoa a IsJ oi (yhh tadiro ; =02^ oioisd to no .a;:tt adiood lie
: That the order of dismission madfe on the hdiring of fhf^'cabse
be reversed, and that it be referred to Mr. Thompson one &c. to
inquire and report in whose hands the trust-money mentioned in the
pleadings had been since the year 1782, and when the same should
appear to have been placed out on any security or securities, to report
on what security or securities the same was placed out ; And it
>vas ordered that the Master should state specially and particularly
the nature of such security or securities when the same were not
government or real securities, and also report in whose custody ])os-
session order or disposal the instruments of security were from time
to time, and that the Master should also inquire and report what
were the acts of each of the trustees respectively as to the receipt
and plaoing out of the trust-money from time to time and the pos-
session of the securities for the same ; And it was ordered that
such inquiry should be made not only as to the acts of the trustees
respectively, but as to the consent permission or privity of each of
the trustees respectively to any act of the others or other of them ;
And that the Master should inquire and report whether the trust-
money was at any time and for what time in the hands of any of
the trustees without security, and whether the same was so with the
consent privity or permission of the others or other of them, and in
case upon such inquiries it should appear to the Master that the de-
fendant William Symonds deceased or Thomas Griflith by any act
neglect or default committed any breach of trust in respect of which
they or either of them were or was answerable personally for the
trust-money or any part tliereof, that the Master should state in what
such breach of trust took place; And it was ordered that the
Master should inquire and report whether the plaintift' Loveday
■ previously to her executing the power of attorney in the pleadings

aaa-

DECREES AND DECRETAL OUDERS.

mentioned had any knowledge or notice that by reason of such
breach of trust they or either of them were or was so answerable ;
and it was ordered that the Master should state all special circum-
stances; And for the better discovery of the matters the parties
were to be examined upon interrogatories &c., and his Lordship
reserved the consideration of costs and of all further directions until
after the Master should have made his report, and any of the
parties were to be at liberty to apply to the court as they should be
advised.— Reg. Lib. B. 1811, fol. 1211.

Z'bsm

, *XXXV. Decree on further directions, over-ruling exceptions
which had been talcen to the Master s report, and declaring
that the assets of two deceased trustees were liable to make

,)^ good a breach of trust by the decree declared to have been

committed by the deceased trustees, reserving liberty to their
representatives to use the names of the plaintiffs in any pro-
ceedings which they might be advised to take against other

I persons upon giving an indemnity to the plmntiffs to be

* settled by the Master ; an account directed to be taken of

priticipal and interest due in resjject of the trust-money, and
of the plaintiffs' costs, the same to be paid out of the assets
of the two deceased trustees ; — the bill dismissed as against
one defendant without costs, but without prejudice to any
ulterior proceedings. (See the prece4ins decree, and
3 Swanst. p. 79.) " ,- ^ ^. r . • . - ? - , f

"^The decree ordered that the exceptions be over-ruled as insuf-
ficient, and that the sum of £5 deposited with the register &c. be
paid to the plaintiffs, and his Lordship declared that the late de-
fendant William Symonds and Thomas Griffith were proved to have
committed a breach of trust in respect of which they were answer-
able personally for the trust-money in question, and that under all
the circumstances of the case the plaintiff Loveday Walker ought
not to be considered as having relinquished or barred herself from
the right to consider them as being so answerable for the said breach
of trust, or as having bound herself to accept such provision only in
respect of the trust-money as she or William Symonds and Thomas
Griffith were or might be entitled to under the trusts of the in-
dentures of lease and release of the 24tli and 25th days of March

DECREES AND DECRETAL ORDERS. 399

1 797, but that under such circumstances either the plaintiff Lover>
day Walker under the true construction of the said indentures re-
mained entitled to charge William Symonds and Thomas Griffith
personally, or if she was not so entitled under such construction she
was not bound to take the benefit of such provisions and relinquish
her demands against them personally on account of such breach of
trust; And his Lordship declared that William Symonds and Thomas
Griffith having made themselves by having executed the said in-
denture of release and other acts creditors of the defendant Isaac
Harris, as in the said indenture of release is mentioned, and the
plaintiff Loveday Walker not having been bound to accept the
benefit of their demands as such creditors, the plaintiffs were en-
titled to have such payment made out of and such account directed
as thereinafter was ordered and directed as to the assets of William
Symonds and Thomas Griffith respectively, without compelling an
account to be taken of the assets of Nicholas Donnithorne deceased,
which appear to be included in the trusts of the said indenture
of release, or enforcing in the said suit any demand which by the
plaintiffs or on their behalf could be enforced under the trusts of
that indenture, but with such liberty reserved to the respective repre-
sentatives of William Symonds and Thomas Griffith as thereinafter
provided ; And it was ordered that it be referred to the Master to
take an account of what remained due to the plaintiffs for principal
and interest of the trust-money in question, and that the defend-
ants William Symonds and Thomas Cooke out of the assets of the
late defendant William Symonds deceased, and the defendant John
Lilly out of the assets of Thomas Griffith pay what the Master
should find to remain due for principal and interest on taking the
said account, into the bank with the privity of the Accountant-Ge-:
neral, to be there placed to the credit of the cause, " The plaintiff's
account," subject to the further order of the court, and the plaintiffs
were to be at liberty to make such application to the court touching
the same as they should be advised ; And in case the defendants
William Symonds and Thomas Cooke should not admit assets of
WiUiam Symonds deceased sufficient for the purpose aforesaid, then
they were to come to an account before the Master for his personal
estate come to their or either of their hands &c. and unless the de-
fendant John Lilly should admit assets of Thomas Griffith, It was
ordered that the Master do take an account of his personal estate
come to the hands of John Lilly his executor &c. ; And his Lord-
ship declared that in case after having satisfied what they were
liable to pay under the directions thereinbefore contained, the de-
fendants William Symonds and Thomas Cooke and John Lilly as

400 DECREES AND DECRETAL ORDERS.

«uch representatives respectively as aforesaid or any representative
of Symonds or Griffith respectively should be advised to make any
claim or demand against the assets of Nicholas Donnithorne de-
ceased, or against the trust-premises or the trustees in the said in-
denture of release contained and named, or against the defendant
Isaac Harris, which it should be necessary or they should be advised
to make in the names of the plaintiffs or any of them, they were to
be at liberty to use the names of the plaintiffs or any of them in
any such proceedings, they giving to the plaintiffs a proper and
sufficient indemnity against the costs and expenses of all such pro-
ceedings ; And it was ordered that such indemnity be settled by the
Master if the parties differ about the same ; And it was ordered
that it be referred to the Master to tax the costs of the plaintiffs,
and that such costs when taxed be paid by the defendants the exe-
cutors out of the assets of their respective testators ; And it was
ordered that the plaintiffs' bill as against the defendant Harris be
dismissed without costs between the plaintiffs and him, but such
dismissal was to be without prejudice to any such proceedings as
aforesaid for the benefit of the representatives of the other deceased
trustees, either in their own names or those of the plaintiffs or any
of them thereafter to be taken relative to the matters in question ;
And for the better taking of the said accounts the parties were to
produce before the Master all books &c. ; and the Master was to
be at liberty to make a separate report or separate reports of any
of the matters aforesaid ; And his Lordship reserved the consider-
ation of all further directions until after the Master should have
made his report, and any of the parties were to be at liberty to
apply to the court as there should be occasion. — Reg. Lib. B. 1817,
fol. 1977.

DECREES AND DECRETAL ORDERS. 401

* XXXVI. Decree for an account of a testators personal estate
and the annuities and legacies given by his will; the will
not being duly executed, the real estate declared to have
descended to the testators daughter and heiress at lato a
plaintiff', and to be subject to the articles entered into upon
her marriage; an annuity in fee granted by King Charles
the Second out of the Barbadoes Duties decreed to have
become vested under the tvill in the testator s dauifhter as a

o

fee-simple conditional, and to be subject to make good the
annuities and legacies given by his will in case the j^ersonal
estate shoidd be deficiefit. Liberty reserved to the executor
to make his electio?i between a debt claimed to be due to
him, and a legacy given to him by the tvill. (Earl of
Stafford v. Bzickley, 2 les. sen. 170.)

Decree that it be referred to the Master to take an account of An account to be
the personal estate of the testator Richard Cantillon deceased which ^^^^ estate pol-
has been received by the plaintiffs the Earl and Countess of Staf- sessed by tlie
ford and the defendant F. Garvan or any of them or by any other fendant,
person by their or any of their order or for their or any of their
use ; Let the Master likewise take an account of the said testator's also of the testa-
debts and funeral expenses, and of the annuities and other legacies ^.^j p^penses "an"-
given by the will, and what is due for the arrears of such annuities ; nnities, and lega-
And let the Master compute interest on such of the legacies as carry ^j^^ Master to
interest from the end of one year from the said testator's death comiuite interest
at the rate of 4 per cent. ; And let such personal estate be applied ""cany in'teJeir;
in payment of the said testator's debts funeral expenses annuities
and other legacies in a course of administration ; And in taking of acconnts stated
the accounts of the said testator's personal estate against the said [jy^.lj'^^, ^hr,'h'in-
defendant F. G. in case the Master shall find any account stated tiH 's minority
between him and the administrators during the minority of the "01101!*; '
plaintiff the Countess of S.(2), he is not to unravel the same;
And it being insisted on in the cause that there was a debt due from tlie rxemtor de-
the testator at the time of his death to the said defendant F. G., ['("l^.','' ,""1.,!,"'!,,
declare that the said defendant is not entitled to claim both his l;otli iii. dd)i and

(2) The expotitors Garvan and Stoper had rcuoiun-ed probalo, and
letters of administration with the will annexed were ^rrantcd (hiring the
minority of the testator's daup;hter, and for her benelil, to the lestii-
tor's widow, who Itad intermarried with I', liulkeley.

Vol. II. c c

402 DECREES AND DECRETAL ORDERS.

Icgacj', liberty debt and his legacy given him by the will of the said testator in
to make his elec- ^^^^^ cause, but that he has a right to make his election whether
t^on ; he will claim his debt out of the testator's estate or accept the

legacy given him by the will after the account of his personal estate
shall be taken ; And reserve liberty to the said defendant F. G. to
directions re- make such election after such account shall be taken ; And also

served as to any t^- ^ j. r ^ ^ ir^^i

:i(coiint of what reserve any du-ections as to any account oi what was due troin the

was due from the said tcstator at the time of his death to the said defendant F. G.

rxecutor; until after such election shall be made; And let the Master state

the residuary per- and ascertain what shall appear to be the clear surplus of the said
sonal estate to be . ^ ^ , , , , r ^ <• i • i i . r i

ascertained; testators personal estate aiter payment ot his debts luneral ex-

-trtain annuities penses annuities and other legacies as aforesaid ; And as to the

' u^en'for/ife 'and ^""uities given by the testator's will, declare that the annuities given

otiiers so long as to liis brothers T. C. and B.C. are annuities for life only, redeem-

•idve issue of ^^^^ i" the manner mentioned in his will, and that the annuities

Uieir bodies ; given to the Other annuitants are to continue so long as they have

issue of their bodies, redeemable in the manner mentioned in the

the Master to set Said testator's will ; And let the INIaster consider of a proper part

jijntrt sutticient ^^ ^.j^g g,^jj testator's estate to be set apart to secure the growing
I state to secure ^ o &

iiiejsrowing pay- payments of the said annuities, to which the personal estate is to

sonal est'ate'to" ^^ considered as liable in the first place ; And let the Master state

lie considered as the same unto the court, whereupon such further order shall be
iial)lein the tirst , i n i • * i i • • • • i

place; made as shall be just ; And several questions arising m the cause

touching the extent and construction of that clause in the testator's

will whereby he has directed the trustees to intail upon his daughter

and her issue all his estate and effects after the payment of the

jointures to his wife and of his annuities and legacies, with such

the real estate limitation as therein mentioned, declare that the said testator's will
<!<elared to have it i -pit

descended to the not bemg executed according to the statute against frauds and

ji-nie piaintitr as perjuries, the testator's real estate in the county of L. is not com-
heiress at law ; ^ . . . "^

prised in or affected thereby, but is descended to the plaintiff the

( onstinciion of Countess of S. his daughter and heiress at law; But declare that

I lie bequest of an , . „ „ i • i • • ii

imnuity of^iooo the testators annuity of .£1000 per annum, whicii was originally

ir;;'."^' °"' 2! ^''^ created by grant of King Charles the Second to the Earl of Kinnoul

lies, as vesiin;^ in fee, and also the surplus of testator's personal estate arising at

a- a' lee "simple^ the time of liis death are subject to the power thereby given to his

conditional; executors ; And declare that the said annuity of ^'1000 per annum

in fee being capable of being settled and limited to the testator's

daughter and the heirs of her body, the same did by virtue of his

will vest in her in equity as a fee-simple conditional, and that she

the liuiitafion having had issue is capable of aliening or settlin^x the same ; And

over to the ne- , , , ^■ ^ ■ p i -i 7

{•hews ot the re- deciare that accordnig to the true construction 01 the said clause in
Mdu try perjoiiril ^\^q ^^.jj!^ j}^^ limitiition over of the residue of the testator's personal

DECREES AND DECRETAL ORDERS. 403

estate to liis two nephews tlie defendants B. C. and T. C. is too re- estate declared
mote and void ; And declare also that the said annuity of ^'1000 per tSe''!f iooo"an-'' '
annum subject to make good the annuities and legacies given by the ""ity and the real
said testator's will in case his personal estate shall be deficient for to be subject to
that purpose, and also the said real estate in the city of L. are ti>e articles cxe-
subject to and affected by the articles dated the 6th of July l/4o piaintiUb' mar-
entered into upon the plaintilFs' marriage: And declare that the ^'^S^;

i I & ' the income ot the

interest and profits of the surplus of the testator's personal estate residuary per-
over and above the <££00 a-year given for the maintenance of the payment of the
plaintiff* the Countess of S. accrued before her marriage (if any allowance for

• n 1 • 1 -n 111 1 maintenance de-

shall be ) did by vn-tue or the said will go to and belong to the ciared to belong
plaintiff" the Countess of S. ; And declare that the articles ought to Jo^the feme plain-
be performed and carried into execution, and decree the same ac- her marria^ie ar-
cordingly, and let proper settlements conveyances and assurances j]^ '^crforlucd ■ "
be executed by the respective parties to the said articles, so far
as the deaths of parties will admit thereof, with the approbation
of the Master, except so far as the said articles relate to any sur- further dircctictns
plus of the testator's personal estate existing at the time of his reskiuaiv'pe*!-- "^
death which shall remain after payment of his debts funeral expenses sonal estate;
annuities and legacies, touching which surplus his Lordship doth
reserve any directions till after the said account shall be taken
and the Master shall have made his report ; Let the Master also An account to
take an account of the income of the said annuity of £1000 a-year aiTears*^'of the^

which has been received by the defendant E. or by any other ofiooo annuity

r('C(-'ivGtiL)voiiG
person by his order or for his use ; And in taking of the said ac- of the defend-

count let the Master make unto the said defendant all just allow- a'"s»

ances ; And it being admitted by the said defendant E. that he has ,„|'tto,i to be iu

in his hands the sum of £6000 part of the money arising out of 1''^ h-unu dirrct-

„ -1 r j'/'AAA t:d 10 be paid inlo

that annuity, let the said defendant E. pay the said sum ot £t)OUU court;

into the bank with the privity of the said Accountant-General of

this court to be placed to the credit of this cause, subject to the

further order of this court ; And the defendant S.W. being the the heir at law of

heir at law of her father who was the trustee of the testator's real J^.J (/esidni,' to'be

estate in the county of L., desiring to be discharged from the trusts, discharged, di-

1 1 1 T\T * reeled to convey

let her convey the same to a new trustee to be approved by tiie iVlaster, the real estate
at the plaintiffs' expense, subject to the trusts and provisions of t» a new trustee ;
the said marriage articles ; And it being admitted that the defendant the executor liav-

-^ , . . 1 ■■ -1 /• 1- 1 1 /■ >i 1 X' i C i"i; iiidcuinilied

G. entered into security to the bank of England for tlie benelit ot j,;^ |^_,,,,, .^„.^^,^^^
the testator's estate in respect of certain bank notes burnt in his certain nous

^ 1 •/• 1 • r 1 burnt, (hiecled

house, let the said defendant G. be indcmnihcd m respect ot such i^ i^^, nuiennnficd
security given by him out of the testator's estate; And let the J'||t^«'^J^'^'^_'^si^-
Master be at liberty to make separate reports as to the account ^^^^, iv,j,,.>.t,r' to
hereby directed against the defendant E., and as to the account make separate

c c 2

404 DECREES AND DECRETAL ORDERS.

of what is due to the annuitants for the arrears of their several
annuities, and as to any fund to be set apart for securing the said

all parties to pro- annuities; [And for tlie better clearing of the several accounts
before directed, the usual directions given for production of books

oosts to be paid and papers, and examination of the parties ; the costs of all parties
, ' * out of the testator's estate; The consideration of subsequent costs

siUfseqiiPiit costs, _ ' _ ^ ^

and all fiuiiier and of all further directions, and particularly as to any question
served'.""*^ ** *^^^ ^^^y 3.1'ise between the interest which the Countess of S. may
take and the interest which any child or children she hath had or
may have may take in the surplus of the said testator's personal
estate reserved until after the Master shall have made his report j
Liberty to any of the parties to apply &c. ]

* XXXVII. Decree estahlishznga will with several codicils thereto^
and directing the trusts to be carried into execution, excejit
as to a direction in the will for the accumulation of th^e
interest and divdiends of the residuary personal estate aitd
the rents of the real estate during the minority of any person
or persons entitled thereto, which is declared to he too
remote and void; a grandson of the testa tw, an infant ,
declared to he entitled to the devised estates for life, with
remainder to his frst and other sons in tail general; di-
rections given as to an allowance for his maintenance; the
testator's widoiv having made her election to take under the
marriage settlement, declared to he barred of her doivcr ;
a trustee declared to he entitled to certain leasehold j)ve-
mises for his own benefit, and special directions given as
to prospective and retrospective allowance to he made to
him for his trouble. {Marshall v. Holloway, 2 Swanst. 432,
450.)

April 22, 1820.— His Lordship doth declare that the will of Tho-
mas Holloway the testator &c. dated &c. and the three several
codicils of the testator dated &c. are respectively well executed and
proved, and that the trusts thereof ought to be carried into execu-
tion, except in so fiir as the said will directs the laying out and in-
vesting the dividends interest and annual proceeds of the stocks and
securities in and by the Faid will directed to be purchased with the

DECREES AND DECRETAL ORDERS. 406

surplus of tlie smuI testator's personal estate after the payment of
his debts funeral and testamentary expenses and legacies, and the
rest of his personal estate, and also the clear yearly rents and profits
of his real estates from time to time, and wlien and so often and
during all such times as any person or persons beneficially interested
in or entitled to his real or personal estates under the trusts tb.erein-
after declared thereof should be under the age of twenty-one years,
Jind the adding all such investments to his personrd estate in order
to accumulate the same; And his Lordship doth declare that such
direction to lay out and accumulate the said rents and profits in-
terest and dividends is too remote and void in lav/ ; And his Lord-
ship doth declare that the defendant the infant H. F. K. JNIartelli is
entitled in possession to the rents and profits of the said testator's
freehold and copyhold and leasehold estates, and to the dividends
interest and annual proceeds of his personal estate and effects for
and during the term of his natural life, with remainder to the first
and other sons of his body lawfully to be begotten successively,
according to seniority of age, and the heirs of their bodies respec-
tively, with such remainders over as in the said will and codicils in
that behalf respectively contained. — The decree after the usual
directions for an account of the personal estate of the testator and
the rents and profits of his real estates received by the plain tili's,
proceeded thus: —

It appearing that the defendant Horatio Martelli the father of An inquiry «U-
tlie said defendants the infants, is dead, it is ordered that the said peVo'iis'in- *vvii(!!ii
Master do inquire and state to the court by whom the said defend- "ii; iniaiit has
ant the infant H. F. K. Martelli has been maintained since the de- 8;,,,.^ ,[",,, tis-
cease of the said testator, and what sums of money have been paid '''t"""'" <l<:iiii, tlie

simis paid (in ;ic-

in respect thereof and by whom, and waat will be proper to be <(.iint tiuiot",
allowed for his maintenance and education for the time past, and !lIi[!e^-''"'/,.,|p|.','.^^^
to whom, and also what will be proper to be allowed for his main- be niail<- for ti.c
tenance and education, and out of what fund for the time to come, oomo',' ilieMas-
and to whom, and in making such allowance the said Master is to ••'" ««» '"^'l^'" •>■

... i^ I 1 1 depurate report.

have regard to the situation and circumstances ot ttie otlier de-
fendants the younger brothers and sisters of the said II. F. K. ^Lar-
telli, and the said Master is to be at liberty to make a sej)arate
report &c. ; And the defendant Ann Holloway having elected to take Tlu- wi.iow i.av-
the provision made for her by the indenture of settlement in the J";;,,' ,|,*,",|pr m".
pleadings in this cause mentioned to bear date the I7th day of s, ;ti.iii<ni, ,i.-

• crncil Id lie

November 1798, in lieu of her dower thirds and free-bencli in and ,,,;,,,.,| ,„ i.^.^
out of the said testator's freehold and copyhold estates, his Lord- «i"«t' ;
ship doth declare thjit the said defendant Ann Holloway is I)aiTe(l
of all claim in respect of such dower or thirds and frcc-hcnch, ar.d

406

DECREES AND DECRETAL ORDERS.

A proper release
to be executed
Ly her, the costs
thereof to be
paid out of the
personal estate.

The defendant
r. C. a trustee
declared to be
entitled to cer-
tain leasehold
premises.

The Blaster di-
rected to settle
an allowance to
Le niiiiie to the
defendant F. C.
for his trouble in
the execution of
the trusts for the
time past, and to
inquire whether
it will be for the
benetit of the
estate that he
should be con-
tinued a trustee
and receive com-
jtensation, and if
proper, the Mas-
ter to settle an

(loth order that the said defendant do execute a proper and suffi-
cient release of such claims, such release to be settled by the said
Master; And it is ordered that all the costs charges and expenses
attending the making and executing thereof be paid and discharged
by the said plaintiff out of the personal estate and effects of the
said testator &c. ; And his Lordship doth declare that the said
defendant Faithful Croft is entitled to the leasehold house and pre-
mises in Chancery Lane given and bequeathed to him in and by
the codicil of the said testator bearing date the 20th day of Ja-
nuary 1816, for the remainder of the term of years now to come
therein, from the death of the said testator, for his own use and
benefit; And it being alleged by the said plaintiffs the trustees that
the nature and circumstances of the estate of the said testator re-
quire the application of a great proportion of time by and on the
part of the said trustees for the due execution of the trusts of his
said will in regard to his estate, and that they cannot undertake
to continue the execution of the trusts without the aid and assist-
ance of the said Faithful Croft as a co-trustee, he having during
the life of the said testator had the principal and confidential ma-
nagement thereof, and being better acquainted therewith than any
other person, and therefore it will be for the benefit of the said
testator's estate that he should continue to be a trustee thereof,
and the said Faithful Croft alleging that due attention to the affairs
and concerns of the said testator will require so much of his time
and attention as will be greatly prejudicial to his other pursuits
and concerns in business, and therefore that he would not have
vuidertaken to act therein but under the assurance that an appli-
cation would be made to this court to atithorize the allowance and
payment of a reasonable compensation out of the said testator's
estate for such his labour and time, and that he cannot continue to
act therein without such reasonable allowance being made to him ;
It Is ordered that it be referred to the Master to settle a reasonable
allowance to be made to the said Faithful Croft out of the said
testator's estate for his time pains and trouble in the execution of
the said trusts for the time past ; and in settling such allowance
the said Master is to have regard to the legacy of «£200 given and
bequeathed to the said Faithful Croft by the said will of the said
testator on the execution of the trusts thereby reposed in him;
And it is ordered that the said Master do inquire whether it will
be for the benefit of the said testator's estate that the said Faithful
Croft should contiiuie to be a trustee under the said will and to
receive a compensation for the future employment of his time and
trouble ; and in case the said Master shall be of opinion that it

DECREES AND DECRETAL ORDERS. 407

will be for the benefit of the said testator's estate that the said allowance to he

Faithful Croft should be continued a trustee, then the said Master "''"''' '" '''"'' ■""'

is to settle a reasonable allowance to be made to the said Faithful make^rieparate

Croft therein, and the said Master is to be at liberty to make a '"'P*""*-

separate report &c. ; And it is ordered that the said Master do The costs of all

tax all parties their costs &c. ; And it is ordered that the same t^axelraiu? pai.i

when taxed be paid to them by the said plaintiffs as executors °"^ f' ""^' i'^'-

out of the personal estate and cfiects of the said testator &c. Rc'r '"'"' *''''*'*'"
Lib. B. 1819, fol. 777, 780.

XXXVIII. Decree establishing a will of real estate, and di-
recting an account to be taken of the testators debts, funeral

■ . ,;. expenses, and legacies, tvith directions in case the personal
' estate should be deficient, for raising the deficienc// bij mort-
gage or sale of the real estate.

Declare that the will of the said testator being admitted by the The will hcing
said defendant P. H. his heir at law, ought to be established and '"'"''""^^'' «'«-

' o creed to be es-

the trusts thereof performed, and doth order and decree the same tahii!«iicd ami

accordingly ; And that it be referred to Mr. one &c. to take I^bri^e^fonS;'

an account of the said testator's debts funeral expenses and pe- An account to
cuniary legacies, and to compute interest on such of his debts as ^*^ ''■'^i'" "J I'lo

J t^ ' r ^ ^ testators ili bts

carry interest, as also to compute interest on his said legacies at and legacies ; the
the rate of -£4 per cent, per annum from the time the same ou<>ht ,,„','^'^',,!° ?^"'*

II o jinie niieiesl oil

to have been paid according to the said testator's will; And the ;>"•■'' <is canied

said Master is to cause an advertisement to be published in the Adveitisemcnt

London Gazette for the testator's creditors and pecuniary legatees V* ^^ i^'ljli-^lied

to come in before him and prove their respective debts and claim and icatles to

their respective legacies within a time to be therein limited, or in ^'""^' '" iJL'brc
default thereof they will be excluded the benefit of this decree;

And the said Master is also to take an account of the personal An account to he

estate of the said testator not siiccifically bctiueatiied come to the J''"^'"'.' "'/;'*-' ''^■'■'

I ^1 son.il estate nut

hands of the saiddefcndaiitJ.il. his surviving executor iind the s|.eci(icaliy dc-
defendant P. H. or either of them, or any other person or persons ,'^.,>„.,| |,;^ ||„.
for their or either of their use or by their or either of their order ; <lerendants, the

• 1 !• 1 • same to he ap-

And the said personal estate of testator is to be apphed in ])aynient |,iit.,i in a due
of his debts funeral exj)eiises and legacies in a due course of ad- •""""" "' "'*•
ministration ; And if there shall be any surplus of testator's per-

408

DEGREES AND DECRETAL ORDERS.

And the surplus
to be divided
according to tlie
tcb tutor's will ;

In case tlie per-
sonal estate
slionld be in-
sufficient to pay
the debts &c. the
rents of the real
estate to be ap-
plied in keeping
down the interest
of the debts and
legacies, and the
dtticiency of tiie
personal estate
to be raised by
mortgage or sale
of the real es-
tate j

thc-intcrestofany
mortgage to be
kept down by tiie
devisee during
liis life;
the costs of all
])ai ties to be paid
oiit of the tes-
tator's estate.

sonal estate remaining after payment of said testator's debts funeral
expenses and pecuniary legacies, it is ordered and decreed that the
same be equally divided between and paid or retained by the said
defendant P. H. and the defendants Lord Viscount W. and S. his
wife in right of the said S., and the defendant A.H. according to
the said testator's will ; But in case the said testator's personal
estate shall not be sufficient to pay the said testator's debts and
funeral expenses and pecuniary legacies, then it is ordered and
decreed that the said defendant P. H. do out of the rents and
profits of the said testator's real estates which have accrued since
his death and been received and taken by him, keep down the
interest of such of the said testator's debts. and legacies as carry
interest ; And that so much of the principal of the said testator's
debts and pecuniary legacies as his personal estate shall be de-
ficient to pay and satisfy, be raised by mortgage or sale of a suffi-
cient part of the said testator's real estate as the said Master shall
direct, and that a sufficient part thereof be for that purpose mort-
gaged or sold with the approbation of the said Master, wherein all
proper parties are to join, and all deeds and writings relating
thereto in the custody or power of any of the parties are to be
by them produced upon oath before the said Master as the said
Master shall direct ; And the money arising by such mortgage or
sale is to be applied in the first place in payment and satisfaction
of so much of the principal of the said debts as the said tes-
tator's personal estate shall fall short to satisfy, and then in payment
of so much of the principal of the said pecuniary legacies as the
said personal estate shall fall short to satisfy, and if the same
shall be raised by mortgage of the said estate, then the said de-
fendant P. II. is to keep dov/n the interest thereof during his life ;
And it is further ordered that all the parties have their costs of
this suit out of the said testator's estate to be taxed by the said
Master.

moii ei>jx,o ij m

DECREES AND DECRETAL ORDERS. 409

XXXIX. Decree for an account of a testators personal estate,
i>i'i .. :-..:., , and direct'mg the appointment of a receiver.
gi/f .8 ijim

Decree that it be referred to Mr. one &c. to take an account An ncco.mt to be

of V hat leasehold estates the testator was entitled to at the time !^^'° *J* "'^ ^fj"

„ , . J , 1 p 1 1 , tatoi's leaseuold

oi hjs death, and ot the annual value thereof, and also an account estates and the
of the rents and profits thereof accrued since the testator's death c'Xed'by'tiie'de.
received by the defendants his executors or either of them or by fendanis'his exe-
any person or persons by their or either of their order or for their ^" "'*'
or either of their use ; And it is ordered that the said Master do Also an account
also take an account of the personal estate of the said testator not "'.'^'''^ personal

estate not spe-

speciticaUy bequeathed possessed or received by the defendants his ciHcaliy be-
executors or either of them, or by any person or persons by their s^J!,se!i'bv fhe*
or either of their order or for their or either of their use ; And it defendants ;
is ordered that the Master do also inquire and state to the court The Master to
what is the value of the leasehold house at &c. lately belonKin" to •'^'^^''t^in the va-

•' <^ o 1,1,. ot a honse

the testator and taken by the defendant ; And it is ordered that taken by a de-
the said Master do also inquire and state to the court whether the « " '"' ' .

An inquiry di-

defendants have possessed any and what specific articles bequeathed rooted as to what
by the testator other than and except those which they have de- 'iihe*^|[efendants'
livered to the specific legatees thereof; And for the better taking have possessed
the said accounts and discovery of the matters aforesaid the parties Uvered over •
are to be examined upon interrogatories and to produce all deeds
&c. ; the Master to make just allowances &c.

And it is ordered that the Master do appoint a proper person The Master to
to be receiver of the rents and profits of the leasehold estates in af^ salary .'^^'^^'^
question in this cause, and allow him a reasonable salary for his care
and pains therein; such person so to be appointed receiver first
giving security to be allowed of by the said Master, and taken
before a Master Extraordinary in the country if there shall be oc-
casion, duly and annually to account for what he shall receive of
such rents and profits as the court shall direct ; and the tenants of
the said estates are to attorn and pay their rents in arrear and
growing rents to such receiver, who is to be at liberty to let and Tiie receiver to
set the said estates from time to time with the approbation of the \^^ Jhe'esSr
said Master as there shall be occasion ; And it is ordered that the witii the aj-pio-

, . IP i- i i.- I • Iwlioii ot the

person so to be apponited receiver do trom tmie to tmie pass ins Master, and to
accounts before the Master and pay the balances that shall be re- py j'^"' ^^^271.
ported to be in his hands into the bank to be there placed to the j,.,t to further
credit of this cause, subject to the further order of this court ; ""'•^^'•
Arid reserve further consideration &;c.

410

DECREES AND DECRETAL ORDERS.

XL. Decree on further directions, directing i/ie 3 faster to
compule subsequent interest on such debts as curried interest^
and to take an account of any other debts remaining un-
jjaid, also directing the sale of a sum of stock and payment
thereout and out of other monies of the debts to be reported
due to the creditors, except the plaintijf, he consenting to
waive his right; the ejcecidor directed to pay the balance
in his hands into court, and directions given as to applying
the proceeds in the hands of a consignee of a West India
estate.

The Master to
com|nile subse-
quent inteiest
on such debts as
carried interest,
and to taive an
account of any
other debts re-
maining unpaid ;
A sum of stock
to be sold and
thereout and out
of certain sums
of cash the cre-
ditors to be paid
the sums reported
due to them ex-
cepting tlie plain-
tiff W.H. ;

The executor di-
rected to pay into
the bank a sum
reported due from
him ;

The consignee of
a West India es-
tate to be con-
tinued, and out
of the produce in
his hands to pay

His Honor did order that it should he referred back to the said
Master to compute subsequent interest on such of the debts of the
testator W. 31. B. mentioned in the first schedule to his general

report dated whereon interest is thereby computed, and also

to take an account of any other debts due from the said testator at
his death remaining unpaid and not mentioned in the said first
schedule to the said report; And it was further ordered that the

sum of £ ■ bank 3 per cent, annuities standing in the name of

the said Accountant-General in trust in the said cause, " The ac-
count of the said testator's real estate," should be sold with the
privity of the said Accountant-General, and the money arising by
such sale paid into the bank with the privity of the said x'iccountant-
General to be there placed to the credit of the said cause, the like
account; and that out of such money and out of the interest of the
said bank annuities until such sale, and also out of the sum of

£ cash in the bank on the credit of the said cause, " The

testator's real estate," and likewise out of tlie sum of £ cash

in the bank on the credit of the said cause, " The testator's personal
estate," the several creditors of the said testator or their legal per-
sonal representatives should be paid what should be reported due
to them except the said complainant W.H. , he by his counsel con-
senting to waive his right or claim to receive any part of his debt
out of the said bank annuities and cash ; And it was further ordered

that the said J. F. B. should pay into the bank the sum of £ •

reported due from him by the said Master's general report dated &c.
on account of the personal estate of the said testator with the privity
of the said Accountant-General to be there placed to the credit of
the said cause, " The account of the testator's personal estate ;"
And it was further ordered that C. S. the consignee of the rents
profits and produce of the testator's estate in the said island of St. C.
should be continued and pass "his accounts before the said Master ;
and that the said C. S. should out of the profits and produce of the

DECREES AND DECRETAL ORDERS. 411

said testator's estate which might come to his hands pay the arrears the arrears and

and growing interest of the debt reported due to the saidW. H. t-'''0"''"K/n»f-

and ot the legacies given by the said testator's will and codicil, and tine toW, H.,

also the arrears and growing payments of the annuities thereby jjacic^s^ ami also

given, and that he should pay the residue of such rents profits and ^''^ arrears and

produce into the bank with the privity of the said Accountant-Ge- mriTtrof Ihe'

neral to be there placed to the credit of the said cause, subject to »"""ii'es and

the residue to
the further order of the court ; And it was further ordered that the be paid into

said Master should tax all parties their costs of this suit other than ^^^ ''''"'^ '

^1 . 1111 • 1 1 • It 1 Directions given

the mortgagees who had been paid their costs, and that such costs as to taxing costs

when taxed should be paid to the solicitors for the said several •»"<• «"t ot what
. , p , lunus to be paid ;

parties out of the residue of the money to arise by sale of the said

bank annuities before directed to be sold, and of the dividends that
should accrue thereon until the sale thereof, and of the said sums
of £ and £ cash in the bank in the said cause, the afore-
said accounts, (after payment of the said several creditors ) and also

out of the said sum of £ before directed to be paid into the

bank on the account of the personal estate, as far as the same would

extend, and that the residue of such costs should be paid by the

said C. S. out of the rents profits and produce of the said testator's

estate in the said island of St. C. [and the usual directions were

thereby given for the said Accountant-General to draw on the bank

for the purposes aforesaid ;] And his Honor did continue the reser- Further direc-

vation of any directions as to the question whether there were any Io'*"|^e'i^uestYons?n

and what circumstances affecting the said testator's estate to make what proportion

it proper any ways and how far to lessen the two legacies of £ ^nd annniUes

each given by the said testator's will to his two daughters the said sliould abate,

E. B. and L. B., and also the annuities of £ sterling given by

the said will to the said D. M. G., £ St. C.'s currency thereby

given to the said L. F., and also the two annuities of £ each

given by, the first codicil to the testator's will to the said E. B. and

L. B. ; And his Honor did reserve the consideration of any question the question re-

that might arise between the creditors of the said testator respecting th.wVjmrapi.rrl

the jewels and ornaments of the person of the said testator's wife "^'j'' r'sorved,

which she usually wore, and of all further directions ; and any ot directions.

the parties were to be at liberty to apply to the court as there

should be occasion.

412 DECREES AND DECRETAL ORDERS.

.^^^iXLI. Order directing a reference to the Master to inquire as
^v^ to what part of a testators personal estate is out on se-

curities, ti'/tic/t of them are jjrojjer to be continued or called
in, tvith directions given J^or the latter purpose.

^ Let the Master inquire what part bf^tlfife satd te^tatSt^ estate is
standing out upon securities and what debts are owing to the said
estate, and whether any and which of them are proper to be called
in or continued, and let such of them as the Master shall find are
proper to be continued be continued accordingly, and let such of
them as the Master shall find are proper to be called in be called
in with the approbation of the said Master, and let the Master
appoint a proper person for that purpose, and make him a reason-
able allowance in respect thereof; and if it shall be necessary to
put any of them in suit, let the same be put in suit accordingly in
the name of the defendant E. C. the executrix, and let her be
indemnified therein out of the said testatoi-'s estate.'i -j*"^^ "•i>\„

¥sac^ %•^°$«o«^^^»s\atwc^ Si\l fewa Uo^. %ioat*sb atVa^Ai

\g i>50 i-r^ii^va I.:-: !;;:■:£■» ^isi-as^o liKJi : c'6 s\^b'.\t\?si^

V' :-as> f:U' liiXi hixn «'*-«04^'at ^»ti>ttri-^ 'aH^UkM. ^M t^^smo^A \n\u^^ru;.

LilB

> aidi 1o noiJDiJbaiiw^ silJ lo Joo IIb
ib \i{ «aqoH boox) Iq oqiiO stii

./I =■-=. = = = - gbnsn'Jt

kiqA io <(iii ...:,, uj no nc ., ==.._^ ...i^a banorinsra-igfrt ^'^'^

',.-

DECREES AND DECRETAL ORDERS. 4lS

* XLII. Decree on further directions in the original cause, and
on the hearing of a supplemental suit ; the plaintiffs in tlie
„ latter suit declared to be entitled to the benefit of the pro-
ceedings in the origi?ial cause, and to prosecute the same;
the accounts directed to be carried on from the foot of the
i'i ^li-lfw^^'"' o^counts, and the executor to be charged with a
hm?. :\^g^^U f stained by him and allowed in the Master's general
ly^{U._-.r,^iort ; the testators real estates declared to be subject to
ois \:.rJ^e Jidyment of his simple-contract debts, and the plaintiffs
lo n-M^^ ihe second suit declared to be creditors to the amount of
If'illQ-^ <§, sum of stock sold out by the testator, and an account
^j^^^f^]/f[ireeted to. be taken of the dividends which would have
^pj^vu r,4tccrued due in case the same had not been sold out; con-
ey) mi\9truction of the will declared with regard to a devise of
m v!nff»C^^«^'^ estates not exceeding .£3000 a-year, as being to
.J \ ^the separate use of a married woman for life {she having
for some years been separated from her husband), with re-
mainder to her children in fee; the testators shares in a
theatre directed to be sold and the purchase-monies paid
into the bank. The costs of all parties to be taxed as
between solicitor and client, and directions given out of
what funds the same were to be paid.

The prayer of the original bill, the decree made at the
original hearing, the Masters general report, and the prayer
of the supplemental bill recited.

Thursday the 15th day of March, in the 8th

year of &c. 1827.

Between G. Gooch, - - - - Plaintiff,

and

J. Haworth and S. his wife, &c.

Defendants.

And between L. M. Mestaer &c. infants,

all out of the jurisdiction of this court, at

the Cape of Good Hope, by their next

friend, Phiintiffs,

and
G. Q., J. H. and S. his wife, &c.

Defendants.

By original and supplemental bills.

The first-mentioned cause coming on on the 18th day of April
1820, to be lieard and debated before the Riglit Honourable the

414

DECREES AND DECRETAL ORDERS.

Prayer of the
original bill to
have tiie tes-
tator's will es-
tablished and the
trusts thereof
carried into ex-
ecution, and the
rights of all
parties ascer-
tained ;

Accounts taken
of the real and
personal estates
and uf debts, 6cc.

That the per-
sonal estate might
he duly applied,
and the clear re-
sidue ascertained
and secured ;

In case the per-
sonal estate
should be in-
sufficient, that
the rents of the
real estate might
be applied in aid,
and the defici-
ency supplied by
sale of the real
estate ;

That the residue
of the real es-
tate and the sur-
plus produce of
any sales might
he ascertained
and secured ;

That the plaintiff
might be autho-
rized to complete
or to sell a ship
on the stocks;

That a receiver
might be ap-
pointed of the
rents of the es-
tates and of the
outstanding per-
sonal estate i

Master of the Rolls, in the presence of counsel learned on both
sides, the scope of the plaintiffs' bill appeared to be, that the
will of the said testator P. E. M. might be established, and that
the trusts thereof might be performed and carried into execution
by and under the direction and decree of this court, and that the
rights and interests of all the parties entitled and interested under
the same might be ascertained and declared, and that an account
might be taken of the said testator's freehold and copyhold estates
devised by his will, and of the rents and profits thereof, and of the
personal estate and effects of the said testator not specifically be-
queathed, and of the said testator's funeral and testamentary ex-
penses, and of his debts, and of the legacies and annuities given
and bequeathed by his said will and codicil, and which accounts
the plaintiff was ready and willing and thereby offered to come to
in such manner as this court should direct, upon being indemnified
and having all just allowances made to him in taking of such ac-
counts, and that the said personal estate might be applied in pay-
ment of the said funeral and testamentary expenses debts legacies
and annuities in a due course of administration, and that th'e clear
residue ( if any ) might be ascertained and secured for the benefit
of the persons who should be declared to be entitled thereto ;
and in case the said personal estate not specifically bequeathed
should be found insufficient to pay the said funeral and testamentary
expenses debts legacies and annuities, that the rents and profits
of the said freehold and copyhold estates might be applied in aid
of the said personal estate, and that the deficiency (if any) might
be supplied by the sale or mortgage of the whole or a competent
part of the said freehold and copyhold estates, subject to such
mortgages or equitable liens as were then subsisting therein, and
that all proper parties might join in such sales, and that the residue
of such freehold and copyhold estates (if any) and the surplus
produce of the sales of such part as should be sold might be ascer-
tained, and might be conveyed to or secured for the benefit of such
persons as should be declared by the court entitled thereto or
interested therein ; and that the plaintiff" might be authorized and
directed either to complete the ship on the stocks or to sell and
dispose thereof in its then present condition ; and that some proper
person or persons might be appointed to collect and receive the
rents and profits of the said testator's freehold copyhold and lease-
hold estates, and also to collect and get in the debts and out-
standing personal estate of the said testator, and that such direc-
tions might be from time to time given for the better collecting in
and administeriiiij the estate of the said testator as to this court

BECREES AND DECRETAL ORDERS. 415

should seem fit; and that the said defendant S. H. might set forth That a defendant

a full true and just account of all the personal estate and effects a"j acLmlt o7 the

of the said testator come to her possession or power, and in par- testator's effects

ticular a full true and exact inventory of all the household goods EirL^'enJlfry

furniture linen china plate jewels and effects in the possession of ?^ all the effects

the said testator or in the said testator's dwelling-house or known a" his ^decease"

at his decease, and that it might be referred to one of the Masters f"'* ^'^^^ the Mas-

„ , . . I , '•^'' "'^y ascertain

ot this court to ascertain whether any and what part of the said what part thereof

household furniture and effects were the separate property of the dant'fseparate

said defendant ; and that in the mean time the said defendant might property, and

be restrained by the injunction of this court from selling or dis- time an'lnjlmc-

posing of the said household goods furniture linen china plate *'°" may issue to

iif5» II n 1 n • restrain her iroin

jewels and eiiects or any other part thereof, and from removing or selling or remov-

permitting the same or any part thereof to be removed from the *"» *''^ ^^'"^ '
said testator's dwelling-house or houses, or from the place or
places where the same then were; Whereupon and upon debate
of the matter and hearing the will of P. E. M. dated the 2d day
of June 1809, and the codicil thereto read, and what was alleged
by the counsel on both sides, His Honor did order and decree Decree made dl-
that it should be referred to Mr. A. then one of the Masters of ence'io tiie*l\las-
this court, to take an account of the testator's personal estate not ter to take an
•n • 11 1 11 11 1 PI 1 • •«• 1 account of per-

Specincially bequeathed come to tlie hands ot the plaintiti the ex- sonal estate not

ecutor, or any person or persons by his order or for his use, and specifically be-
•^ - ^ •' qneatned pos-

of such part of the personal estate as had been sold, and of the sesscd by plain.

outstanding personal estate ; and the said Master was to distinguish ^hat imrt^lmd"'^'

such part of the said personal estate as was specifically bequeathed; been sold, and

And it was ordered that the said Master should inquire whether stamlin"-

any part of the personal estate specifically bequeathed had been also to inquire

sold bv the plaintiff, and if any had been sold. It was ordered that ^"'"'J ^"J"''"}^!

the said Master should inquire and certify the amount of the pro- caiiy i)e(iueaiiicd

duce thereof; And it was ordered that the said Master should jj',„, tiie produce

also take an account of the said testator's debts funeral expenses thereof;

legacies and annuities, and compute interest on his debts carrying of''ti,"",e„'^tor-^s

interest after such rate of interest as they respectively carried, and debts, funeral ex-

on his legacies from the time and at the rate directed by his will ; ;„„i'aninii7ie8, '

and where no time of payment or rate of interest was directed, "'"' directions
' •' f -I 1 V '^^^ '■" e()ui|nitiiiir

then at the rate of £i per cent, per annum from the end of one interest <>u debts

year after the death of the testator; And the said Master was to "'""^'g'"^"'*;

cause advertisements to be published in the London Ciazette and AdvertisnmeiKs

, , ,. , ]. to i>e published

such other public papers as he should thuik proper, tor the creditors j„,. ^i,^ creditors

of the said testator to come in b(

and he was to fix a peremptory day for that purp(

them as should not come in to prove their debts by the time so to

before him and i)rovo their debts, "> cou.e in and

I 1 r P'ove ;

lav for that i)urpose, and sucn ot

416 DECREES ANI> DECRETAL ORDERS;

directions eiven be Hinited were to be excluded the benefit of the said decree ; And
cation of per- " ^' ^^^^ ordered that the said testator's personal estate not spe-

sonal estate not cificallv bequeathed should be applied in payment of his funeral
specifically be- tit • ^ , . . . , ,

queatJied ; expenses and debts m a course oi administration, and then m

payment of his legacies and annuities ; And it was ordered that the

Inquiry directed clear residue thereof should be ascertained ; And it was ordered

nitiire^&c. in tlie ^^^^' ^^'6 said Master should inquire and certify whether any part

testator's pos- of the household goods furniture linen china plate iewels and effects
session at nis de- . , ° • , i i n.

cease belonged to in the possession of the said testator or in and about his dwelhng-

Inmlif''"nrectJd' ^^''^^s ^^ his decease, belonged to the said defendant S. H. ; And
whether J. E. M. it was ordered that the said Master should inquire and certify
lieir at uJ what ^^"^^ether the said defendant J. E. M. was the heir at law of the said
other children testator, and whether there was or were any and what other child
had besides the ^^' children of the said defendant living at the decease of the said
alid"*'*^^' ^h' ^^" ^^^^^'^o^ besides the said defendant L. M. M. the daughter of the
respective ages, Said J. E. M. ; And it was ordered that the said Master should
^i';J''^^;f^">'^^^;f'^, inquire whether the said defendant L. M. M. or any of the said
of them had been children had or hath attained the age of twenty-one years, and
testator's death • ^'^^^^^ ^ge they had respectively attained, and whether any and
which of them had died, and whether any and what child or
children had been born to the said defendant J. E. M. since the
Inquiry directed decease of the said testator ; And it was ordered that the said
sepa^ration^ exe- Master should inquire whether any and what deed or instrument was
euted by the de- entered into and executed on the occasion of the separation of the
and s. H. and said defendant J. H. from the said defendant S. H., and whether

wiutherj.H. notvvithstanding such deed or instrument the said defendant J. H.

had notwith- i 7 i • • i i

standing any had any and wiiat claim or v/as entitled to any and what part of the

ii'tal"riHit^to "ro' P"operty and effects given or devised to the said defendant S. H.
perty and eficcts by the will and codicil of the said testator in his the said defend-
faVoi" to s'^H?^-' ant's marital right or otherwise; And it was ordered that the re-
The Receiver to ceiver of the rents and profits of the real and leasehold estates,
and directions ^ud of the Outstanding personal estate should be continued, and
given to the Mas- p^gg jjjg accounts before the said I^Iaster ; And it was ordered that
ter in passinjr his , -i t.t • • i • i n • »

accounts, to dis- the satd JMaster m passing the said Receiver s accounts should dis-

1,'Im'".^' /''f *'^^' tinguish the accounts of the freehold from the accounts of the
hold arcoiints, leaseholds, and distinguish the accounts of such part of the said
of the i)arts sne- testator's real and leasehold estates, as v.as specifically devised by
riticaiiy devised; his will ; And it was ordered that the said Master should inquire

Inqim V directed , , i i . p i i i • i i i • i

as to what sums whether any and v.hat sum of money liad been paid by the said

Ind been paid plaintiff and the said Receiver or eitiier of them in the reparation

by the phuntitf ... . .

or Receiver in of or relating to , the said estate specifically devised ; And the said

- vji^'ifj no i<bjei?h Master was to be at liberty to make a separate report or reports
,. ,:,,i... Qf any or either of the mutters aforesaid as ; 4ie , ,shoul|4 ^^tjluuk

DECREES AND DECRETAL ORDERS. 417

proper, and for the better talcing the several Accounts and disco- by the piaintiflF
very of the matters aforesaid, the parties were to produce before '"""^ R''"!^'^'- '«

, » 1 repairs ot an cs-

the said Master upon oath all papers and writings in their custody or tatc sppciCically
power relating to the matters aforesaid, and were to be examined Ih,! Master to be.
upon interrogatories as the said Master should direct, who in takino- atlil'oity tomakc.

o .1 -1 , . , , . ,. . ,. " separate reports,

ot the said accounts was to make unto the parties all just allow- an.! in tikin- the
ahces ; And it was ordered that the said Master should tax the «^c'?"";'* '" ""»^«
costs of the said suit of all the parties to that time, the costs of ances ;
the plaintiff' to be taxed as between solicitor, and client ; And it p.',°aes 'to" b-f
■'was ordered that the said Master should inquire whether any and taxed, those of
what costs charges and expenses had been properly incurred by the between solicitor
said plaintiff as executor and trustee of the said testator's will in f'"'^ .'^''^".' >

•-. • ^ n f. 1 /» 1 1 inqiiirv directed

the execution and periormance or the trusts of the said testators as to what costs

will, or otherwise relating to the said testator's affairs ; And his llf //,t'"i!,'in!i'trTn

Honor did reserve the payment thereof, and also the consideration file execution of

of all further directions and of the subsequent costs of this suit J^ .

lintil after the said Master should have made his general report ;

And the parties were to be at liberty to exhibit an interrogatory in the parties to be

the Master's office and examine witnesses thereon to prove the will mine \vi^tnosses*'

of the testator as to his real estate; And any of the parties were '" the aiaster's
, , ,., 1 1 • 1 1 1 1 1 • Office to prove

to be at hberty to apply to this court as tliere should be occasion ; the will.

That in pursuance of the said decree the said Master made his statement of the

report dated the 6th day of December 1824 which stands absolutely ^^='f.'r''.''' '"';i"'''!,

r J J certilyin;; that all

'Confirmed, and thereby certified that he found that all the ere- the creditors had

ditors of the said testator named in the several reports therein- yj^j^p'^^'^^j'jj'j-ji'j,,

before mentioned had subsequently been paid the several sums re- but that a claiiu

11 , /. r> r>/\i 1 ^ • T ill bad heen laid bi -

ported due to them out ot a sum or JtiJiiij m manner directed by joip i,i,„ „„ ]^^..

an order of the 30th day of July 1822, but a claim had been laid baiiofderen.iai.t

ii i' i»l tiiiu ills
before him on behalf of the defendant J. E. M. and his children, children in re-

the plaintiffs in the second mentioned cause, being the claim herein- ^l*''*^,'^ "^ oei tain

I . 1 1 list Inniis sum

after mentioned, in respect of the trust funds sold (;ilt by the' sftid out i)y tiic tes-
testator as hereinafter stated; And the said Master after stating the '*'^' '
will and codicil of P. M. the father of the defendiint J. E.M. and
of the said testator P. E. M., certified that it appears that the said and ceriifvini:
P. M. died in January 1791, being at the time of his d( cease pos- pi''Jess*e,ut i'loo
sessed of cflOO per annum consolidated lung annuities standing in l.ng ainiuiii.s,]
the books of the governor and company of the hank of En^jland
in his own name ; And that the will was proved by the said P. E. M. that his ^^iinva»
and J. M. in the Prerogative Court of Canterbury on the ^th day i^i"),!',',! j'.^^l."^ *[
of February 1791, and that the said J. M. died leaving th6 said that IM", . M. ii
testator P. E.M. him surviving, and that the said testator P. K. M. ;.";.;: :,:;';,':"''',,';?.
received the dividends which became due on the said long anmiities .lends ..n Uie loig
up to the 10th day of October 1801, and afterwards departed ihi, j;;;";""^ "'' '"
Vol. II. D D

4J8 DECREES AND DECRETAL ORDERST.

tliat he (lied in life on the Gth day of February 1819, having by his will appointed
^^'^' the said plaintiffs G. G. and R. P. and W. L. his executors, and

and that under tliat in pursuance of an act of parliament passed in the 56th year of

the . 'St") Geo. 3. the ^, . pi • i -» r • r-- /-* i mi • 1 • • 11 £C A

^100 long anniii- tlie reign or Ills late Majesty King George the Ihird, intituled, An
ties were trans- " ^q^^ jq authorize the transferring stock upon which dividends shall

lerred to the ac- . , . i u 1

count of the com- " remain unclaimed for the space of at least ten yeai's at the bank

i"edaetio,?S'"Ih^ " of England, and also all lottery prizes or benefits or balances or

national debt, to- " suuis issued for paying the principal of stocks or annuities which

dividends ac- " shall not have been demanded for the same period, to the com-

crueddue there- " missioners for the reduction of the national debt," the said £100
on, amounting to t i i i • • *» i ^ p ^u

.JLtVoQ; per annum consolidated long annuities were transierred out oi the

name of the said P. M. or otherwise in pursuance of the said act
appropriated to the accoimt of the commissioners for the reduction
of the national debt, together with the amount of the dividends
which acci'ued due thereon from the said 10th day of October 1801
inclusive, and that there became due for dividends on the said an-
nuities up to and inclusively of the 5th day of April 1823 the sum
of £2150, being for forty-three half-yearly dividends thereon; and
Order made di- that by an order made in the matter of the said act of parliament
qa*iry as^o wiiat °^ ^^^ '^^\\\ day of November 1822, It was referred to Mr. J.
bank Ions; annui- lately one of the Masters of this honorable court, to inquire and

ties standing in , i t-> i i • • i • i t

ihenameof P. M, State to the court what Bank long annuities which were standing

were transferred j^ the name of the said p. M. in the books of the Governor and

to the said com- p i t> i p i

missioners, and Company of the Bank of England had been transferred into the

therpo""\nd wiio "^"^^^ ^^ ^^ Commissioners for the reduction of the national debt
were beneficially under and by virtue of the said act of parliament, and what was
' due and unreceived for dividends in respect of the said Bank long
annuities ; And also to inquire and state to the court who was or
were beneficially entitled to the said Bank long annuities and the
interest due and unreceived thereon, and in what shares and pro-
Statement of the portions ; And that in pursuance of the said order Mr. T. the suc-

cer*it\in<r[iLso'v- *^^ss^i' ^f the said JNIastcr J. made his report bearing date the

iiion that the day of 1823, and thereby certified that he was of opinion

ties passed under ^^^ the said £100 per annum consolidated long annuities standing

the will of P. M. in the name of the said P. M. which had been transferred into the

to p. E. M. as

his residuary le- name of the Commissioners for the reduction of the national debt

gatee, and that |jy virtue of the said act of parliament, belonged to the said P. M.

the same, toge- •' . .

ther with the deceased, and that the same passed under the will of the said

^nomlt of^divi. P- ^^- ^° t^^^ ^^^^ testator P. E. M. as his residuary legatee, and
deuds accrued that the same, together with the sum of £2150, being the amount

due, tornied part c d ^ L^ iip it-ii i -ii

of tiie ontsiand- OI lorty-thrce hair-yearly dividends upon the said long annuities

ing personal es- fj-Qm the 5th day of April 1802 to the said 5th day of April last inclu-

ta^e CI P. E. M-, • \ c ~ \ pi i- i pi-i

5ive_, then tormed part ol the outstanding personal estate oi the said

DECREES AND DECRETAL ORDERS. 419

testator P. E. M., and that he was further of opinion that the said and that G. G.
G. G. as executor of the said P. E. M. deceased was beneficially en- '£,eficbiir.ntN
titled to the said consoUdated long annuities, and that the same ought t'etl to tlie long
to be transferred by the said G. G. into the name of the Accountant- Uie"same o'4ht
General of this court, in trust in this cause, and that the sum of to be tiansfencd

^cti rr\ 1 p T • 1 1 1 into the Account-

A^15U accrued tor dividends thereon ought to be paid to the said C.T. ant-Geneiars

the person appointed to collect and get in the outstanding personal Jh^Jgl'-J oSit

estate of the said testator P. E. M., to be disposed of by him under to be paid to the

the order and direction of this court; And the said Master W. by

his said report of the day of 1824 found that by an order statement of au

dated the day of 1823 It was ordered that the report of Se'Iast'^'suucd^'

the said Master T. should be absolutely confirmed; And it was report, and di-

further ordered that the secretary or deputy secretary of the Go- fer t" be^madTto

vernor and Company of the Bank of England should transfer unto '''e Accountant-

. ® . General ot the

the Accountant-General of this court in trust in this cause, the said ^loo longannui-

sum of £100 per annum consolidated long annuities theretofore of ti\e"J^Mf5,)"to'

standing in the name of the said P. M. and since transferred into the receiver, also

the names of the commissioners for the reduction of the national e,ice*^fo,^-^ taxation

debt; And it was further ordered that the said sum of £2150 being of costs and pay-

i (>iT'ii 1 •! Til iicnt thercot out

the amount or the dividends accrued upon the said consohdated of the j^nbo ;

long annuities up to and inclusive of the 5th day of April 1823

should be paid unto the said receiver C. T. ; And it was referred to

the said Master T. to tax and settle the costs incurred by the said

commissioners for the reduction of the national debt, and also by

his Majesty's Attorney-General and by the said plaintiff G. G. in the

said matter, and that the said costs when taxed should be paid

by the said C. T. out of the said sum of £2150, and that the

residue of the said sum of £2150 should be applied and disposed

of by the said C.T. as such receiver as aforesaid under the direction

of this honorable court; And he found that the said «£100 per And furii)er cer-

annum consolidated long annuities were transferred into the name ^3(',""\„',t au-*^

of the Accountant-General of this court in trust in this cause on unities wcie

, r.^r> 11 1 -11 •^- transferred into

the • ■ day of 1823, and that the said long annuities were ^^^^. ,.^,,,0 of tlie

then standing in the name of the said Accountant-General in Accountant-

1 • 1 /^ rn General,

trust in this cause; And he further found that the saidC. 1. as j„„j ,,,a, ,i,g ,.o-
such receiver as aforesaid on the 14th day of August 1823 re- ceivcr imd re-

, ,. /->,»i /-/^ !• • 1 1 ciived the ha-

ceived the sum of .£2025, being the said sum of „£2150 dividends lance of the
accrued due on the said consolidated long annuities up to and in- ;/^,';,'„^.\';„*j"ti'e
elusive of the dividends due on the 5th day of April last [after al- properi) ''tux and
lowing thereout for property-tax and costs ], and which said sum of *^"* " '
£2025 was included in the said C. T.'s fifth account as receiver of
the outstanding personal estate of the said testator ; And he further
certified that under the circumstances aforesaid he had at the re-

D D

<i

420 DECREES AND DECRETAL ORDERS.

quest of the solicitor for tlie said defenclant J. E, M. tiiought fit
And fiirtlier cpr- to state those circumstances for the jadgment of the court; And he
statement on the further Certified that a statement on the part of the said plaintiff
rp'p^p'^p''|'"' G. G. had been laid bei'ore him, whereby it appeared that on or
been laid before about the lOth day of January 1817 G. E. since deceased filed his
appeared'^fhat ^ ^^^^ ^" ^^^'^^ ^^'^^'^ against the said testator, setting forth the bond of
G. E. filed a bill the said testator bearing date the 1st day of March 1805 whereby
against tiie'tes- the said testator became bound unto the said G. E. in the penal

tator, settifig sum of o;flO,000 with a condition for making the same void on pay-
forth a bond, and p r'r-n/^n i • i • i • r -J

indenttives of ment oi ctoOxJU and interest at the tmies theremaiter mentioned,

leaie and release ^nd also setting for.li certain indentures of lease and release dated

and moitgai;e . °

executed by him respectively the 2Sth day of February and the 1st day of March

^"^mfn""!!^- 4- 1805, and made between the said testator of the one part and the

oT oOOO and line- »

rest on an estate said G. E. of the Other part, by which indenture of release in con-
■' sideralion of .£5000 therein expressed to be paid to the said tes-

tator by the said G. E., he the said testator did convey a certain
dock yard and several messuages tenements or dwelling-houses
situate at R. in the county of S. part of the real estate of the said
testator, and comprising the whole of his R. estate unto and to the
use of the said G. E. his heirs and assigns forever, subject to re-
demption on payment by the said testator to the said G. E. of the
said sum of c£'5G00 with interest at c£5 per cent, per annum on the
and praying the 1st day of March 180G, and praying that an account might be
IL-hllli'JTH *"* taken by one of the Masters of this court of what was due to the
interest due, and said G. E; for principal and interest on his said security, and that
in default of pay- ^he Said testator might be decreed to pay to the said G. E. what
'"'^"^; should be so found due, and in default thereof that the said tes-

tator might be foreclosed from all equity of redemption in the
That t'e testator same premises; And that the said testator filed a cross-bill against
piaNinff 7or re- the said G. E., and thereby prayed that he the said testator might
demption, and jje let in to redeem the said mortgaged premises, and that an ac-

to have an ar- -ii i r>) -^ii- iii

count taken of count might be taken oi tiie principal and interest secured by the
prsiiripal and g^j^j mortgage, and of all sums paid or advanced by the said testator

interest secured oo-- i ,, .

by the niortsage, to or for the use of the Said G. E. on account of tlie said mortgage ; And

paid iiv'^the" tes- ^" ^^^® ^^ sliould appear that the said G. E. had been overpaid the

tator ouaccouui; amount of what was due to him in respect of his said mortgage, then

that he might be decreed to repay to the said testator so much money

as it should be found he had been overpaid, and that the said G.E.

might be decreed to re-convey to the said testator and to deliver

up the said indentures of lease and release and bond together with

Tiiat after the six several bills of exchange in the said cross-bill mentioned ; And that

IhrnnSja^ee ^fter the death of the said testator the said G. E. filed his bill of

filed a bill of revivor againat the plaiiitiii' G. G., and that afterwards the said

DECREES AND DECRETAL ORDERS. 421

G. E. died liaving appointed A. H. C. and W. H. executors of his revivor, and died
will, and that since the death of the said G. E. his said executors 'a.'h^c'.'S'^''^
had filed their bill of revivor and supplement against the said plain- W.H. executors,
tifl* G. G. and J. R. of &c. esquire, who under and by virtue of revivor and sii|).
certain indentures of lease and release bearing date the 27th and pl""i«;"t ^-i?^!'^^
28th days of November 1818, made between the said testator of and J.'ii.a subse-
the one part and the said J. R. of the other part was a mortgagee of M"*^"H"oitg«St;«-';
tlie same premises for the sum of c£'8000 and interest at £5 per cent,
per aimum; And the said Master further found that the saidG. G. That the proceed-
put in his answer to the said last-mentioned bill, and that the said '"^^.ij))"'"^ ^''^■"
suits and proceedings were then pending, but the sum of .£3000 but that Xsooo
had been paid to the said J. R. under an order made in this cause »j'>^\ijeen paid to

^ J. K. inuier an

on the day of 1824 out of the outstanding personal estate order in part dis-

cf the said testator in part discharge of the said principal sum of pri„cip;ii duu
.£8000, and that the said interest on the remaining principal sum to hmi;
of .£5000 had been paid up to the 28th day of Noveml)er 1824
out of the rents and profits of the said testator's real estate ; And
«s to the directions in the said decree that his predecessor should
take an account of the said testator's legacies and annuities and
compute interest on his legacies from the time and at the rate di-
rected by his will, and where no time of payment or rate of interest
was directed then at the rate of =£4 per cent, per annum from the end
of one year after the death of the said testator, the said Master W.
by his report found that the plaintiff G. G. had retained his said And further cer-
legacy of i^oOO out of the personal estate of the said testator, and haj'"fi.|ainf(i his
that he had been allowed the same in his accounts of the said tes- legacy of ^ooo;
tator's personal estate come to his hands ; And as to the bequests
given by the said testator's will, he found that the sum of £4636 was
then due to the defendant J. E. M. for arrears of the aforesaid an- And aKo rerti-

„^. ,.oi.i.^ 1 !• tviu" what was

nuity of i^800 given to bun for Ins life, such arrears benig com- ,,„,> to j.e. M.

puted from the day of 1819 the day of the death of the ^^^^'^"^^^

said testator unto the day of 1824 being the date of his '

said report; and that the sum of £166 was due to the defendant am^ also what was

F. M. P. lateF. M. M. but tl\en the wife of the defendant J. P. for 'Jlfeofdeicn.iai.t

arrears of interest of the aforesaid sum of £2000 bequeathed in J/^^^^*;;;;^";;;;;;^

manner aforesaid, such arrears being computed for the same period legacy,

and at the rate of .i'4per cent, per annum; and that the like sum of ;;;;; ''/^»,^i;:;;,:^';;;

i;446 was due to the defendant E. E. M. A. widow, late E. E. M. M. j.^. £. i\]. a.' (< r

for arrears of interest becjucathed as aforesaid in respect of the i;;;;;;;.',';!,';^;"'''

aforesaid sum of ^"2000, such arrears being also computed for the

period and at the rate '■ aforesaid ; and that the several sums afore- and =>''^Yi;'',"o,h|"!

said particularly set forth in the last schedule to his said i'ei)ort and Y^!..J'\.^ l',, "u,!!,!.

amounting together to the sum of £620 then remained due to the hj^.cie* and mic-

422 DEGREES AND DECRETAL ORDERS.

rest tliereon as several otliei' legatees in the testator's will and in the first sclieclule
r'^^oii'^-'* *" '"^ named, for the principal of their respective legacies, and for interest
thereon computed at £4< per cent, per annum from the 7th day
of February 1820 (being one year after the death of the testator)
As to the bequest unto the 5th day of December 1824 ; And as to the aforesaid bequest
of\i3oooperan- f ^oqqq annum to the defendants. H. for her life, and after

imm to S, H. tor ^ '

lite, the Master her decease for the benefit of the children of the defendant J. E. M.,
ceed'to ta^ke'^'aii ^^^ ^^^^^ "^^ proceeded to take any account thereof, being of opinion
account until the that no such account could be taken until this court should have
ties interested declai'cd the right and interests of the defendant S. H. under and

therein were as- j^y virtue of the testator's will : And as to the direction in the said
ceitained ; *' , i • • i i r» i

As to the direc- decree that his predecessors should inquire whether any part of the

tion with regard household goods furniture linen china plate jewels and eff^ects in the
to what household -pi • i i-in-i ^ •

goods, &c. in the possession oi the testator or m or about his dwelling-house at his

possession of tlie (jgcease belonged to S. H., he found that by an order dated the

testator belonged ° ' _ -^ _

tos. H.,iheMas- day of 1820 on the application of the said defendants. H., It

by aTrme^r'^ordei- ^as ordered that the plaintiff should be at liberty to deliver to the

G. G. was direct- said defendant S. H. the keys of the iron chests in the petition

Jier the keys of mentioned containing the jewels and plate, and that she should sign

ccrtam iron g^,-j inventory of such jewels and plate and a receipt for the same ;

chests containinj^ .,,„,, . p, ., , .,.

jewels and plate And he found that m pursuance of the said order the said keys were

>he signing an in- aeUvered to the said defendant S.H. on the day of 1820,

ventory tliereot, •' _

and that the same and that she signed an inventory and receipt for the same which was

aa one, then in the hands of the said plaintiff; And as to the other part of

And as to other ^ ^ , ' ' . , . f

partof the effects the effects ill question, he found that by his predecessors said sepa-

by Trofmer re^^ ^'^^^ report of the 19th day of June 1821 the said plaintiff had with

port it appeared the conseut of the said defendant S. H. sold twelve houses and se-

liad sold certain veral COWS specifically bequeathed to her for several sums of money

houses and cows amounting together to the said sum of .£974 which was received by

and received the , i ■ -rr i • i i i • ^ i • i i • i

monies produced the plaintiii, and was included m the sum which his predecessor

thereby with charged him in and by his said separate report; And he found that

winch he had *= .

been charged ; the clear residue of the said testator's personal estate subject to the

Also certifying of payment of the residue of the said mortgage debt of £8000 to the
what tlie clear . , t n. • i i • f i c ^ • i

residue of the said J. K. and also to the said claim of the executors oi the said

personal estate q £ | .^| y^hject to the claim of the said J. E. M. and his

consisted i ''

children in respect of the sale of the said £G66G bank 3 per cent.

annuities, consist of the following particulars : in the name of the

Accountant-General of this court in trust in this cavise the sum of

£100 per annum consolidated long annuities, and the sum of £100

cash arisen from interest thereon up to the day of 1824

inclusive, also the sum of ^'124 cash remainhig in the bank on the

credit of this cause being the balance of personal estate paid into

court after payment thereout of the debts found due to the creditors

liECREES AND DECRETAL ORDERS. k^^

ef the said testator as thereinbefore mentioned and of the costs of
the said suit paid thereout as aforesaid, also of two Drury-Lane
shares of small value, also of five River-Lea shares amounting to
.£500 which were deposited by the testator in the hands of R. W.
bf &c. as security for payment of a balance of ^500 and upwards
due to him from the said testator and still continue in his hands,
also of the several outstanding debts remaining due to the said tes-
tator's estate, and an unliquidated claim made by the said receiver
upon the Columbian Government amounting to .£'7000, but which
claim hath not been admitted by the said Government, and doth
also consist of a leasehold public-house situate at W. let at the
yearly rent of £30, and which was held by the said testator by lease
granted by I. Earl T. deceased to the said P. M. deceased the father
of the said testator at a ground rent of £7. IOa'. per annum, and
which lease v/ould expire at Lady-day 1833; And as to the direction Also cettifyin<,'
in the said decree that his predecessor should inquire whether the \l^^^ ^■^^;* i,,.^tiier
said defendant J. E. M. was the heir at law of the said testator, he and lieir at law
(Certified that haviiag made the said inquiry he found that the said '

testator the said P. E. M. died a bachelor, leaving the said defend-
ant J. E. M. his only brother and heir at law him surviving ; And as
to the inquiry respecting the children of the said defendant J. E. M.
he found his predecessor had made the separate report hereinbefore

mentioned bearing date the day of 1823; And as to the Ami as to tlic di-

direction in the said decree that his predecessor should inquire ,](.ciec with re-
whether any and what deed or instrument was entered into and JJ'V' *" 'i'^ *'*^^'l

. /» 1 • 1 T p 1 ot sepaiation, and

sexecuted on the occasion of the separation ot the said detemlant vviiat claim J. n.
■J. H. from the said defendant S. IL, and whether notwithstanding j;',';,';! ,';*'',;;'." ^'""
such deed or instrument the said defendant J. H. had any and what (lueatlicd toS. H.
claim or was entitled to any and what part of the property and ,1-^^. y/:,^/^^. ''J",*!
effects ffiven or devised to the said defendant S.IL by the will and tificd ti.at on ac-

, • 1 • 1 connl ol the loss

codicil of the said testator in the said defendant s marital right or „f ,|„. .leod as
otherwise, he found that by an affidavit of the said J. H. made in yj';;;7';';,'^;'v,;';i;;
the said cause on the 25t\i day of July 1823 he made out that he i,<; was nnahic i.'.
iiad not then in his custody possession or power the deed of sepa- j;|^'^J; (-'/(i.^llhu
ration made between him the said defendant J. II. and the said de- of ihe p;'«<i<-^
fendantS. H,, nor did he know in whose custody possession or power "^"' '' '"- ''' '
the same was ; And the said Master certified that the said defendant
S. H. by an affidavit made before him in the said cause on the 5tli
day of March 1S24 made out that a deed was executed on the oc-
casion of her separation from the said defcndantJ.il. in or about
the month of April 1797; and that one part of such deed was de-
livered to her and remained with her until the month of September
1820 or thereabouts, when at the request of T.IL who then acted

424 DECREES AND DECRETAL ORDERS.

as her solicitor in this cause she dehvered the same to liim for the
jnirpose as he represented to her of laying the same before his the
said Master's predecessor, and further that she had caused numer*
ous appHcations to be made to the said T. H. for the said deed
without being ablfe to obtain the same, he the saidT. H. stating
that the said deed was lost, upon consideration of which several
matters the said Master found that a deed was entered into and exe-
cuted on the occasion of the said separation between the said de-
fendant, but the same not having been {)roduced to him and no evi-
dence given as to the provisions of the said deed he was not able to
give any opinion how far the rights of the said parties were affected
And further cer- thereby; And as to the direction that the said receiver of the rents
receiver's ac- ^"^^ profits of the real and leasehold estates and of the outstanding
counts; personal estate should be continued and pass his accounts before his

predecessor, and that in passing the said receiver's accounts he
should distinguish the accounts of the freehold from the accounts
of leasehold, and distinguish the accounts of such part of the said
testator's real and leasehold estate as was specifically bequeathed by
his will, he certified that the said receiver had passed his said ac-
counts as to the said real estate up to Christmas ISiiS as appears by

his said report bearing date the — day of-' ■ 1824*; and that

under an order of the — — day of 1823, and his certificate

bearing date the day of 1824 he paid the said balance of

the said account amounting to the sum of £lSo unto the said de-
fendant S. IL on the said 4th day of June, and as to the said personal

estate that ho had passed his account up to the day of — —

1824 as apr/eared by his report bearing date the day of-

1824, and iuid under an order bearing date the day of

1824 paid the balance of the said accounts to J. R. hereinbefore
mentioned, and he certified that in passing the said accounts he dis-
tinguished the same in the manner directed by the said order;
And as to the direction in the said decree tlsat his predecessor should
inquire whether any and what sums of m(;ney had been paid by the
said plaintifi' and the said receiver or either of t})em in the repa-
ration or otherwise relating to the said estate specihcally devised, he
found that Ivis predecessor had inciudedHbe iSameUn- the; separate

report of the day of 1821 hereinbefore mentioned; and

Anil fiirthrr cer- that his predecessor had taxed the costs of the said suit and of all
titvni:^ that t"e ^.^j^g ^^ ^.j^ ^-j^^ of making ttie said order, and made iaseparate.

co'ti of tlie suit r ^ .-5 ' 1

had been taxed I'cport thereof which bore date the day of ■>■■'•'- l^^-l, and that

^"' ^'^ ' the said costs were paid under the said order of the- ^——r— day of

1821 ; And he further found that in pursuance of another order
bearing the 30th day of July 1S2:^ his- predecessor taxed -tho ^bsse.*

PECUEES AND DECRETAL ORDERS. 425

qucht costs of all the parties at the time of making the said order as
between solicitor and client, and made a separate report thereof
which bore date the 6th day of August 1823, and that the said
costs had been since paid under an order bearing date the 25th day
of July 1823 ; And as to the direction in the said decree that his And further cer-
predecessor should inquire whether any and what costs charges and amount ""o/^co^u
expenses had been properly incurred by the said plaintiff as exe- incurred by the
cutor and trustee of the said testator's will in the execution and per- elecuUon'of *the
formance of the trusts of the said will or otherwise relating to the tri's's °*^ the will,
said testator's affairs, he certified that having made the said inquiry certain suits and
he found that the said plaintifi' had incurred certain costs in the actions;
said suit instituted by the said A. H. C. and W. H. as executors of
the said G. E. against him the said plaintiff amounting to the sum
of ^38, and also certain costs amounting to £41 in defending an
action brought by J. P. against the plaintiff as executor of the said
testator to recover a debt which had previously been rejected by the
said Master W.'s predecessor, and also certain other costs amount-
ing to -£70 in defending an action brought by J. L. against the said
plaintiff as executor of the said testator to recover another debt
which had pi'eviously also been rejected by his predecessor, and also
certain charges amounting to £49 for various business relating to
the said testator's estate transacted by the solicitors of the said
plaintiff from August 1820 to March last past, and which said se-
veral costs charges and expenses amounted together to the sum of
i€200; and he found that the said plaintiff exclusive of the above
costs and charges had also incurred costs in a suit instituted by or
on behalf of E. J. A. widow against the said plaintiff as executor of
the said testator, but which suit was dismissed, and the costs of the
said plaintiff were ordered to be paid by the said E. J. A., but which
have not yet been paid ; And the said cause coming on on the 14th
instant and on this present day to be heard for further directions and
costs, in the presence of counsel learned on both sides, and the se-
cond mentioned cause coming on to be heard at the same time in the statrmcnt of the
presence of counsel learned on both sides. The substance of the said ^"iJ^ii"*^! i„ ti,e
bill, after stating the said decree and report in the said first mentioned m-coikI mention-
cause, appeared to be, that P. E. M. being at the respective times of ' "* '
making his will and of his death, seised of divers freehold and copy-
hold estates, and being at the time of his death possessed of or en-
titled to considerable personal estate and effects, and being a trader
within the true intent and meaning of the laws relating to bankrupts,

did make and publish his will bearing date , which was signed by

him and attested in such manner as by law is required for passing
frgehoid Ciliitcs, and was in the \vordi> itnd figures or to the import

429' DECREES AND DECRETAL ORDERS.'

and effect following : ( The bill after stating the will, the particulars
of the testator's property, and various petitions orders and reports,
proceeded thus:) That in pursuance of the said order the said J. L.
has been duly appointed receiver of the rents and profits of the
freehold copyhold and leasehold estates, [in the place of C. T. the
former receiver deceased] and S. M. S. has been duly appointed
receiver of the outstanding personal estate and effects, and that the
executors of the said C. T. the late receiver have duly passed his
last accounts of the rents and profits and also of the personal estate
and effects, and have paid the balance appearing due on account of
the rents and profits to the said S. H. pursuant to the order of this
court, and have paid the balance appearing due on account of the
personal estate and effects with the privity of the Accountant-Ge-
neral to the credit of the said suit under the order of this court ;
That being entitled to a beneficial interest under the said will of the
said testator P. E. M., the plaintiff's are, as they humbly submit, en--
titled to have the benefit of the said decree orders reports and pro-
ceedings in the said cause, and to have their rights and interests
ascertained and secured by and under the direction and decree of
this court; That the plaintiffs, are as they humbly submit, entitled
to have the said trust fund or sum of £6666, 3 per cent, consolidated
bank annuities which was appropriated by the said testator P. E. M,
out of the assets of the said testator P. M. to answer the said an-
nuity of £200 bequeathed by the said testator P. M. to the said
P. E. M. ami the plaintiffs, which was afterwards sold out by the
said testator P. E. M. as aforesaid, raised and secured for the benefit
of the plaintiffs; and that the said sum of £ 100 per annum long
annuities part of the assets of the said P. M. which has been trans-
ferred into and now stands in the name of the Accountant-General
in trust in this cause, and that the said sum of £2050 being the
dividends thereof up to the 5th day of April 1823 received by the
said C. T. the late receiver as aforesaid, and the subsequent divi-
dends which have since accrued due thereon ought to be applied
in the first place towards raising the said trust fund or sum of
£6666 bank annuities, and that the deficiency ought to be raised
out of the estate and effects of the said testator P. E. M. ; And
the plaintiffs charge that the said sum of .£2050 having been ap-
plied towards payment of the said sum of £o000 to the said J. R.
as aforesaid, the plaintiffs are entitled to stand in the place of the
said J. R. as creditors upon the said mortgage estate for the sum
of £2050 and the interest thereof, and the said defendant S. H.
<ilaims to be entitled by virtue of the said will of the said testator
P. E. M.- to some part of the said testator's real and pei'soiial estate

DECREES AND DECRETAL ORDERS. 427

absolutely, or in all events to some interest greater than a life
estate therein, and the plaintifFs charge and humbly submit that
according to the true construction of the said will of the said tes-
tator P. E. M. the said defendant S. H. is entitled only for her life
to the yearly rent or sum of .£3000 by and out of the annual income
of the real and personal estates of the said testator if such income
shall be sufficient for that purpose, and that subject to such yearly rent
or sum of .£3000 or to so much thereof as shall be produced by the
annual income of the said real and personal estate, the same belongs to
the plaintifFs the children of the said J. E. M. in equal shares ; There-
fore that the defendants in the second mentioned cause might answer
the matters aforesaid ; And that they might have the benefit of the Praying that the
said suit decree decretal orders report and proceedings in such ha'^^T'the 'bifnefit
manner as this court shall direct, and might be at hberty to pro- of the former
secute the same; And that the rights and interests of the plaintifFs be at libei'iy'to

under the will and codicil of the said testator P. E. M. might be prosecute the

^ . same,
ascertained and declared and secured for the benefit of the plain- ti,at the ri-'hts

tifFs, subject to raising and pavins of the said trust fund or sum of '""^ interests of

^nnnr- o i- i i , , • • * i i • • i the plamtifts

itobbo. 3 per cent, consohdated bank annuities ; And that it might might be ascer-

be declared that the plaintifFs are entitled to have the said trust *^'"*'^ ^']f f <;'"■•
* ea, aiid that they

fund or sum of £6666. 3 per cent, bank annuities raised and se- might be declared
cured for their benefit; And that the said sum of .£100 per annum sum of ,i 6666^ *

long annuities standing in the name of the said Accountant-General stock raised, and

. , ., ,^ 1 TT 1 11 -1 that certain funds

m trust m the said cause Cjrooch v. xiavvorth, and ttie said sum might be applied

of £2050, the dividends thereof received by the said late receiver lowai'\s raising

' '' . . . the same, and the

C. T., and the subsequent dividends of the said long annuities, deficiency raised

ought to be applied towards raising the said sum of £0606 bank ^^^^^'^ ,.^.11 ami

annuities, and that the deficiency ought to be raised out of the personal estate;

estate and efFects of the said testator P. E. M., and that the said

long annuities the sum of £2050 and subsequent dividends might

be apphed accordingly ; And that the deficiency might be raised

accordingly out of the real and personal estate and efFects of the

said P. E. M., and that for that purpose it might be declared that that it mipht ho

the said P. E. M. was at the time of his death a trader within the ,esuYoT wa.f I'*

true intent and meaning of the laws relating to bankrupts ; And t'ader lii.bic to

n^ -11 1 • tlie bankrupt

that it might be declared that the plaintifts are entitled to stand m laws;

the place of the said J. R. as creditors upon the said mortgaged and that the

n 1 • 1 r ^'o/xMA p'ainlins nnght

estate for the said sum of £2050 part of the said sum of ^o(kn) |„. declared en-
paid to him as aforesaid and the interest thereof, and that the plain- J;;'"!,'';,.;' j'^'"
tifFs might have the benefit of the said mortgage security accord- uu>rt<lA^vc for
ingly; And to be relieved is the scope of the plaintiffs' bill in the [IJ-j *;„ ".j;""'
second mentioned cause ; Whereto the counsel for tlie dcfciidiint
S. H. alleged that ike. [ staling the substance of the answers of the

428

•DRCREKS AND DECRETAL ORDERS'.

Decree— Tiie
plaintiffs in the
second cause en-
titled to the be-
uetit of the pio-
ceediMRS in tlie
original canse,
and to prosecute
the same as par-
ties tliercto.
Directions to the
Master to cany
on the account
of the testator's
personal estate
from the foot
of his report;
question re-
served as to
application of
specific legacies
to payment of
debts ;

tiie Master di-
rected to carry
on the executor's
account from the
foot of the last ac-
count, and c!iari;e
Lira with a lei^acy
retained by him;
Testator's will
declared to be
well proved, and
his real estates
liable to the pay-
ment of simple-
contract debts, ^
and the plaintilis
in the second
cause to be con-
sidered as cre-
ditors to the
amount of e£ 6666
stock ;

an account to be
taken of wl.at is
due to tlie niort-
pagee.

Estates not ex-
ceeding ± 300O
per annum de-
clared to be v^ell
devised to 8. H.
for life, with re-
mainder to her
children in fee,
and not subject
to legacies ;
an account to be
taken of what is
due to the tes-
tator's estate
under a certain
deed ;

also an account
of the dividend?

several defendanis ;'] Whereupon and upon debate of the matter
aitd hearing the decree dated the 18th day of April 1820, the re-
port dated the Gth day of Decenilier 1821, an exhibit marked ( A ),
being the will of P. E. M., the codicil thereto, and the proofs taken
in t'aese causes read, and what was alleged by the counsel on both
sides, This Court doth DECRi::E that the plaintiffs in the cause of
Mestaer v. Gooch are entitled to the benefit of the proceedings
in the origined cause Gooch v. Haworth, and doth order that
they be at liberty to ])rosecute the same as parties thereto; And
it is ordered that it be referred back to the Master to carry on the
account of the testator's persor.al estate from the foot of his report
dated tlie 6th day of December 1824; And this court doth reserve
any question as to the application of the specific legacies given by
the will of the testator P. E. M. to the payment of the said tes-
tator's debts ; And it is ordered that the said Master do carry on
the account of the defendant G. G, from the foot of his last ac-
count, and therein charge him with the suin of c£500 allowed to him
in the schedule to the said Master's report dated the 19th day of
June 1821, on account of his legacy imder the said testator's will ;
And this court doth declare the will of the testator P. E. M. well
proved, and doth declare that the said testator having been a
trader at the time of Ids death, his freehold estates are liable
to the payment of his simple-contract debts in case of a de-
ficiency of his personal estate, and that J. E. M. and L. M. M.,
and P. ?fl. J. E. M. and M. iM. infants, his children, are to
be considered as creditors on the estate of tlie said P. E. M. to
the amount of ^£6(^66 bank annuities ; And it is ordered that the
said Master do take an account of what is due under or by virtue
of the indenture of mortgage iv.ade to J. 11. in the Master's report
mentioned ; And this court doth declare that tlie testator's copy-
hold estate at and all the freehold and copyhold estate of

the said testator not exceeding £3000 per annum, are well devised
to the defeTrdant S. H. for her life for her separate use, w'ith re-
mainder to the children of the defendant J. E. M. as tenants in
common in fee, and are not subject to the legacies given by the said
testator's will ; And it is ordered that the said Master do take an
account of what is now due to the estate of the said testator P. E. M.
under the indenture of the 31 st day of December 179G in the
pileadings df thi^' catise' meMidne^d ; ■ Aiid it is ordered' that the saM
Master do take an account of the dividends which Would have
accrued due in respect of the £\d^^jtQ bank 3 per cent, annuities, in
case the same had not been sold out ; And' it is ordcyred 'that the
said testators shares in the Theati'c lloyal Di'ury Lane be sold- by

DECREES AND DECRETAL ORDERS. 429

some proper person to be approved of by the said Master to the xvl.id. would have

best purchaser or purchasers that can be aot for the same, to be ^'^^'"^•J 'j."^, "»

11 1 r 1 1 • 1 1 r 1 ) 'j^ respect of the

allowed ot l)y the said Master, wherein all proper parties are to d'6666 stock in

join as thexMaster shall direct ; and in order to such sale, It is norbeeTsold

ordered that all deeds and writings in the custody or power of any o»^;

of the parties be produced before the Master upon oath ; And it is 5ha,er*h!°'a

ordered that the monies to arise by such sale, the amount thereof *''<^^^'® *'''"^<^*«<1

to be verified by affidavit, be paid into the bank with the privity aud the nionies

of the Accountant-General of this court to the credit of the said 1° ai»'e there-

trom to be paid
cause, Gooch v. Haworth, subject to the further order of the iuto the bank ;

court ; And it is ordered that the receiver of the rents appointed the Receivers

in the cause of Gooch v. Haworth of the said testator's freehold ^^^^^.^'-''^ ,*« ^f

coijtinued and

copyhold and leasehold estates be continued and pass his accounts to pass their ac-

before the Master, and pay the balances to ba reported due from *^*'""'* '

him according to the order of the 28th day of May 1823; And it is

ordered that the person appointed to collect and get in the said

testator's personal estate be continued and pass his accounts, and

pay the balance to be reported due from him into the bank with

the privity of the said Accoantant-General to the credit of the

cause, Gooch y. Haworth, subject to the further order of the

court ; And it is ordered that the said Master do tax the costs of Costs of all par-

these suits of all parties to this time as between solicitor and client; as^^he'tw'een^^dU

And it is ordered that the said Master be at liberty to make a citor and client;

separate report thereof, and also separate reports of any other of iii,erty to make

the matters hereby referred to him as lie shall think fit; And it is separate reports;

directions jriven

ordered that such costs when taxed, and also the sum or ^200, the outof what funds
amount of the costs charges and expenses found by the said Master's [''^'^ ^'^^}^ ^'^^ ^^
report of the 6th day of December 1824 to have been incurred by
the plaintiflTG. G., be paid out of the said sum of ^150 part of the
sum of £358 cash, on the credit of the cause Gooch v. Haworth,
and out of any other cash which may remain on the credit of the
same cause ; and in case such cash shall not be sufficient, It is
ordered that so much of the .£3805 bank 3 per cent, annuities
standing in the name of the Accountant-General of this court in
trust in the same cause, as will with the said sum of £150 cash
raise the amount of such costs when taxed and the said sum of
^'200, be sold with the privity of the said Accountant-General, and
one of the cashiers of the bank is to have notice and receive the
money to arise by such sale, wdio upon receipt thereof is to pay
the same into the bank with the privity of the said Accountant-
General, to be there placed to the credit of the said cause ; and
out of the money to arise by such sale and such cash, Jt is ordered
that such costs when taxed, and also the said su;n of £200 the

430 DECREES ANJ) DECRETAL ORDERS.

amount of the costs charges and expenses found by the said Master's
report of the 6th day of December 1824 to have been incurred by
the said plaintiff G. G., be paid in manner following, viz. &c. &c.

And for the purposes aforesaid the said Accountant-General is
to draw on the bank according to the form prescribed by the act
of parliament, and the general rules and orders of this court in
that case made and provided ; And any of the parties are to be
at liberty to apply to this court as there shall be occasion.

1.5 ijslf. '?JB9qi;5i- t

[ 431 ]

APPENDIX.

ORDERS IN CHANCERY.

COURT OF CHANCERY,

3d April, 1828.

J. HE Right Honourable John Lord Lyndhurst, Lord
High Chancellor of Great Britain, by and with the advice
and assistance of the Right Honourable Sir John Leach,
Master of the Rolls, and the Right Honourable Sir Lancelot
Shadwell, Vice-Chancellor of England, doth hereby order
and direct in manner following; that is to say:

I.

That every plaintiff, as well in a country cause as in a
town cause, shall be at liberty, without affidavit, to obtain
an order for a subpoena returnable immediately; but such
subpoena in a country cause is to be without prejudice to the
defendant's right to eight days time to enter his appearance
after he has been served with the subpoena.

Plainliff in a countr3f
cause to be at li-
berty without afiida*
vit, to sue out a siib-
pffina returnable im-
mediately.

IL

That a writ of subpoena to appear, or to appear and an-
swer, shall be sued out for each defendant, except in the
case of husband and wife defendants ; and that the costs of
all such writs shall be costs in the cause.

Subpo'.nji fo be sued
out for each defrnd-
aut, except for liu»-
band aud wife tie*
fcnduHti.

432

ORDERS IN CHANCERY.

[App.

III.

Defendant in a
country cause must
answerwithin 8 days,
or obtain the nsual
orders for time.

That a defendant in a country cause shall no longer be
permitted to crave the common dedimus, but shall either put
in his answer within eight days after his appearance, or shall
obtain the usual orders for time.

Exceptions to an an-
swer to be delivered
within 2 months ;

Orders to deliver ex-
ceptions nunc pro
tunc not to be al-
lowed.

Where exceptions
are not submitted to,
piaintiA at the end
of 8 days after de-
livery thereof and
within the next 6
days, but not before,
unless in injunction
causes, to refer the
answer;

otherwise the answer
to be deemed suffi-
cient.

IV.

That in all cases, whether the defendant's answer be filed
in term time or in vacation, the plaintiff shall be allowed two
months to deliver exceptions to such answer ; but if the ex-
ceptions be not delivered within the two months, the answer
shall thenceforth be deemed sufficient, and the plaintiff shall
have no order to deliver exceptions nunc pro tunc.

dfVN

im .iqmaiiioa m sii H&ih J^v^

V.

That when exceptions taken to an answer for insufficiency
are not submitted to, the plaintiff may at the expiration of
eight days after the exceptions are delivered, but not before,
unless in injunction causes, refer such answer for insufficiency;
and if he do not refer the same within the next six days he
shall be considered as having abandoned the exceptions ; in
which latter case such answer shall be thenceforth deemed
sufficient.

VI.

A further answer to
be referred for in-
sufficiency within
14 days;

That if the plaintiff do not within a fortnight after a de-
fendant's second or third answer is filed, refer the same for
insufficiency on the old exceptions, such answer shall thence-
forth be deemed sufficient.

App.]

ORDERS IN CHANCERY.

433

VII.

That if the plaintiffs do refer a delendant's second or third And the particular
answer for insufficiency on the old exceptions, then the par- sutedlruie'crden
licular exception or exceptions to which he requires a further
answer shall he stated in the order.

VIII.

That if upon a reference of exceptions the Master shall
find the answer insufficient, he shall fix the time to be allowed
for putting in a further answer, and shall specify the same in
his report, from the date whereof such time shall run, and it
shall not be necessary for the plaintiff to serve a subpoena for
the defendant to make a better answer ; and any defendant
who shall not put in a further answer within the time so al-
lowed, shall be in contempt, and be dealt with accordingly.

The Master to fix the
time for putting in a
further answer ;

No subpoena to make
a betlei- answer to be
required ;

And in default of
compliance defend-
ant to be ill con-
tempt.

IX.

That if upon a reference of exceptions the answer be cer-
tified sufficient, it shall be deemed to be so from the date
of the Master's report ; and if the defendant submit to answer
•without a report from the Master, the answer shall be deemed
insufficient from the date of the submission.

Answer, wlien certi-
fied suttirient, to be
deemed so from date
of report ; And if der
fendaut submit to
answer wiiiiont a re-
port, tlieu, to he htdd
iusiilfi<-ienl from date
of suDmission.
Vitle^l>.\ll.

X.

That upon a third answer being reported insufficient, the
defendant shall be examined upon interrogatories to the points
reported insufficient, and shall stand comuiitttd imtil such de-
fendant shall have perfectly answered such interrogatories, and
shall pay in addition to the <£4 costs heretofore paid, such
further costs as the Court shall think fit to award.

AflPT a tliird insnf-
fi<'unt: answer «lo-
fei;d;nit to be ex-
amined ujiou inler-
louat'ii ies and st.md
('(luiiiiittt'd. iind to
p,is sucli cdsis a» Ihc
Court sh.dl direct.

Vol. II.

£ E

4.34

ORDERS IN CHANCERY.

[App,

XL

Exceptions for scan-
dal or impertinenre
to be signed by coun-
sel, and to state the
particular passages,
the Older of refer-
ence to be obtained
within 6 days.

That no order shall be made for referring any pleading or
other matter depending before the Court for scandal or im-
pertinence, unless exceptions are taken in writing and signed
by counsel, describing the particular passages which are con-
sidered to be scandalous or impertinent, nor unless such order
be obtained within six days after the delivery of such ex-
ceptions.

XII.

Order for referring
answer for insuf-
ficiency, or answer
or other matter for
scandal or imperti-
nence, to be consi-
dered as abandoned,
nnless the Master's
jqiort, or his certi-
ficate requiring fur-
ther time, is obtain-
ed within a fortnight,
and then also if the
report be not obtain-
ed within such fur-
ther time ;
Answer to be deem-
ed sufficient from the
time when the order
is to be CO) sidered
as abandoned.

That when any order is made for referring an answer for
insufficiency, or for referring an answer or other pleading or
matter depending before the Court for scandal or impertinence,
the order shall be considered as abandoned unless the party
obtaining the order shall procure the Master's report within
a fortnight from the date of such order, or unless the jMaster
shall within the fortnight certify that a further time, to be
stated in his certificate, is necessary in order to enable him to
make a satisfactory report, in which case the order shall be
considered as abandoned if the report be not obtained within
the further time so stated ; and where such order relates to al-
leged insufficiency in an answer, such answer shall be deemed
sufficient from the time when the order is to be considered
as abandoned.

One order before re-
pfication for leave to
amend to be obtained
as of course, but no
furtiier order unless
upon motion sup-
ported by affidavit; —

by whom the affi-
davit is to be made ;

XIII.^

That the plaintiff shall be at liberty before filing a repli-
cation to obtain, upon motion or petition without notice, one
order for leave to amend the bill ; but no further leave to
amend shall be granted before replication, unless the Court
shall be satisfied by affidavit that the draft of the intended
amendments has been settled approved and signed by counsel,
and that such amendments are not intended to be made for
the purpose of delay or vexation, but because the same are
considered to be material to the case of the plaintiff; such
affidavit to be made by the plaintiff, or one of the plaintiffs

App.'\

ORDERS IN CHANCERY.

435

where there is more than one, or his her or their soUcitor, or
by such soHcitor alone in case the plaintiff or plaintiffs, from
being abroad or otherwise, shall be unable to join therein; but
no order to amend shall be made before replication, either with-
out notice or upon affidavit, in manner hereinbefore mentioned,
unless such order be obtained within six weeks after the an-
swer if there be only one defendant, or after the last of the
answers if there be two or more defendants, is to be deemed
sufficient.

In any instance an
Older to amend to be
obtained within 6
weeks after tlie time
when the answer, or
the last of the an-
swers, is to be deem-
ed sufficient.

XIV.

That every order for leave to amend the bill shall contain
an undertaking by the plaintiff to amend the bill within three
weeks from the date of the order ; and in default thereof, such
order shall become void, and the cause shall, as far as relates
to any motion to dismiss the bill for want of prosecution, stand
in the same situation as if such order had not been made.

Every order to amend
to contain an under-
taking to amend
within 3 weeks.
Vide No. XIX.

XV.

That after a replication has been filed, the plaintiff shall
not be permitted to withdraw it and to amend the bill without
a special order of the Coixrt for that purpose, made upon a
motion of which notice has been given ; the Court being satis-
fied by affidavit that the matter of the proposed amendment
is material, and could not, with reasonable diligence, have
been sooner introduced into the bill.

After replication, no
amendment to be
made without special
order.

XVI.

That where the answer of a defendant is to be deemed suf-
ficient, whether it be in term time or in vacation, if the plaintiff
or plaintiffs shall not proceed in the cause, the defendant shall
be at liberty to move at the first seal after the following Term,
upon notice, that the bill be dismissed with costs for want of
prosecution ; and the bill shall accordingly be dismissed with
costs, unless the plaintifi" or plaintiffs shall forthwith file a re-

E E 2

If no proceeding had
in tlie ciiiiso iificr
answer tihd, defend-
ant to be at lih<rly
after tlic foUowing
Term to move, upon
notice, to dismiss
bill ;

updU vvliat teiiiiH i.
bill to i>e retained ,

436 ORDERS IN CHANCERY. [^PP-

plication, and a)>pear upon such motion, and give an under-
taking to speed the cause with effect in the usual form ; or,
without fiHng a repHcation, shall appear upon such motion, and
give an undertaking to hear the cause, as against the defendant
in Mliat rase tiie court making the motion, upon bill and answer; or unless it shall
tiii fu! tiier time ^f "r appear that the plaintiff or plaintiffs is or are unable to pro-

pioceediug in the ceed in the cause bv reason of any other defendant or defend-
cause. * .

ants not having sufficiently answered the bill, and that due

diligence has been used to obtain a sufficient answer or an-
swers from such other defendant or defendants, in which case
the Court shall allow to the plaintiff or plaintiffs such further
time for proceeding in the cause as shall appear to the Court

to be reasonable. '^^ '^"^ "^ anoijcfooics •gumA9'i hm- onr'/^^-i

noqu jioqai g'-ratai '

- •-- -•^•-^ » ' ' •" ' ■■ ' ■" Il5V75i£Ii :iU''

^-^rjj ■ 'S3? J8ljt

If replication filed That where the plaintiff files a replication without having

liefore notice of mo- . . p . ^' • ^ i •ii r

non to dismiss, plain- been scrved with a notice of any motion to dismiss the bill for
to reioh'/arid' obtain want of prosecution, the phiintiff shall serve the subpoena to

an order for a coni- rejoin and obtain his order for a commission within one week

mission within one **

week ; from the fdliig of the replication ; and if such order be ob-

within what time tained in Term time, then such commission shall be at the

commission to be

itturnable; latest returnable on the first return of the following Term;

and if such order be obtained in the Vacation, then such

commission shall be returnable at the latest on the last return

within what (ime ^jf j[jg following Term ; and where such commission is return-

mlis to be fjiven ^

to produce witnesses able on or before the first return of the following Term, there
tion- ^" "^^' the plaintiff shall give his rules to produce witnesses and pass
publication in that Term, and shall set down his cause to be
heard in the following Term ; and where such commission is
returnable on or before the last day of the following Term,
there the plaintiff shall give his rules to produce witnesses
and pass publication in the next Term, and shall set down his
for any default, the cause to be heard in the third Term ; and if the plaintiff shall

bill upon ai>plicatiun . i ,• i i • i t ,• i ,i i

of the (ieffiidaiit to make any desauit herein, then upon application by the de-;
stand dismissed witii fendant upon motion or petition without notice, the plaintiff's
bill shall stand dismis.sed out of Court with costs.

Jj}p.]

ORDERS IN CHANCERY.

437

XVIII.

. That publication shall not be enlarged except upon special
application to the Court, supported by affidavit, and at the
cost of the party applying, unless otherwi^. tn;aered by the
Court.

Publication not to be
enlarged except upon
special application.

XIX.

That whenever the time allowed for any, of the following
purposes, that is to say, for amending any bill, for fihng, de-
livering and referring exceptions to any answer, or for obtain-
ing a Master's report upon any exceptions, would expire in
the interval between the last seal after Trinity Term and the
first seal before Michaelmas Term, or between the last seal
after Michaelmas Term and the first seal before Hilary Term,
such time shall extend to and include the day of the general
Seal then next ensuing.

•dlfw noia«ii«fnoo. jg /loi Tibio airf niBjdo hr •

THATservice'onWtlerk in Court of any subpoena to

reioin; or to'answer an amended bill, or to licar judgment

•' , , ■, :„„ no elonn'tiJJs'i Jasixii

shall be deemed gooa. service.
, r>>j2 a-3iu iHoaiiOB / siij ni JjsniBJdo ad 19;

jiiulQi i^al 9(h no isaJsi sdl In eldBtviulo'i sd : uu u.

-irxui^'i ai noigaimmoo tio^uz ^J^V I>«fi jm'i'jT ailji Tio

risdi ttaisT giii^'oWo'i adi "io niuiai Je'ifl odi eioied *fo no aldjs
THAT^tffo^er^^e'm Confirming a report maybe ob-
tained upon petition as well as by motion, and that service

thereof upon the Clerk in Court of any party shall be deemed
incieui ui ,gg, g^j^ 6-iot9d 10 no si*

sood service upon such piirty* , ir r -w-^ r

Hi fiwob i08 Ilsrig hii& ,nn9T ixsa an'? u* nou'L-iiliiior
h.dz "itiinifilq sdi Vi has. ; tttj§^\itni'
i',i edi \d nohwoilqqr, noqo aodi .luiji'^u \\iit:i:>i> yhj> ■lAu^n

.hich is necessary, shall be served at least two clear days
before the hearing of such motion ov petition.

Extension of time to
the ensnins; seal as to
amendments, excep-
tions to answers, and
reports upon excep-
tions, wlien the re-
•jiilar time expires in
the long vacation, cr
the Christmas vaci-
tion.

Service of subpoena
in particular case*
on Clerk in Court
good service.

That an order nisi
may be oi)tained on
petition, anil ^erved
on Clerk in Court.

Every nolico ol nin-
tion or petition to lie
served 'J clear days
before the hearing.

438

ORDERS IN CHANCERY.

[App.

XXIII.

That the order nisi
for dissolving the
common injunction
jnay be obtained
upon petition, and
to be served 2 clear
days before the time
for showing cause.

That the order nisi for dissolving the common injunction
may be obtained upon petition as well as by motion, and that
every such order be served two clear days at least before the
day upon which cause is to be shown against dissolving the
injunction.

XXIV.

Plaintiff accepting
costs from defendant
in contempt, not to
be compelled in case
of an insufficient an-
swer to re-commence
the process of con-
tempt.

That when a defendant in contempt for want of answer,
obtains upon filing his answer the common order to be dis-
charged as to his contempt on payment or tender of the costs
thereof, the plaintiff shall not, by accepting such costs, be
compelled in the event of the answer being insufficient, to
re-commence the process of contempt against the defendant,
but shall be at liberty to take up the process at the point to
which he had before proceeded.

XXV.

"Witnesses not to be
produced at the seat
of the Clerk in Court
for the adverse party ;

That no witness to be examined before either of the Exa-
miners for any party in a cause be in future produced at the
seat of the Clerk in Court for the opposite party ; but that a
notice in writing containing the name and description of the
witness be served there as heretofore.

XXVI.

May be examined That the Examiner who shall take the examination in chief

and cross-examined p . i n i ti i i • • .

by the same Exa- oi any witness shall be at liberty to take his cross-exammation

miner. ^I^^^

XXVIl.

Master may disallovir
the costs of separate
answers or other
proceedings where
the same solicitor is

That where the same solicitor is employed for two or more
defendants, and separate answers shall have been filed, or
other proceedings had by or for two or more defendants se-

App,\

ORDERS IN CHANCERY.

439

parately, the Master shall consider in the taxation of such
soHcitor's bill of costs either between party and party or be-
tween solicitor and client, whether such separate answers or
other proceedings were necessary or proper, and if he is of
opinion that any part of the costs occasioned thereby has
been unnecessarily or improperly incurred, the same shall be
disallowed.

employed for two or
more cietViidaiits, if
ill his opinion unne-
cessary or improper.

XXVIII.

That where a plaintiff obtains a decree with costs, there
the costs occasioned to the plaintiff by the insufficiency of the
answer of any defendant shall be deemed to be part of the
plaintiff's costs in the cause, such sum or sums being deducted
therefrom as were paid by the defendant according to the
course of the Court, upon the exceptions to the said answer
being submitted to or allowed.

XXIX.

Plaintiff obtaininp; a
tlecroe witli costs, to
be allowed his costs
occasioned by an in-
sufficient answer.

That where the plaintifi' is directed to pay to the defendant
the costs of the suit, there the costs occasioned to a defendant
by any amendment of the bill shall be deemed to be part of
such defendant's costs in the cause ( except as to any amend-
ment which may have been made by special leave of the Court,
or which shall appear to have been rendered necessary by the
default of such defendant ) ; but there shall be deducted from
such costs any sum or sums which may have been paid by the
plaintiff according to the course of tlie Court at the time of
any amendment.

Defendant receiving
tlie costs of the suit
to be allowed his
costs occasioned by
anicndiii!; the bill,
except in certain
cases.

XXX.

That when upon taxation a plaintiff who has obtained a
decree with costs is not allowed the costs of any amendment
of the bill, upon the ground of its having been unnecessarily
made, the defendant's costs occasioned by such auKMulment
shall be taxed, and the amount thereof (k'ducled from the
costs U) be paid by the flefendant lo tlie plaintilf.

Whore plaiiitilf nb-
tainin<; a decree with
»:osts is not alloweil
tin: costs (if .iiiiciid-
in!4 the bill, dtfeniN
anl's costs oceasion-
fd by such auiend-
nicnt to be (IiiIucKmI
from the costs to be
paid.

440 ORDEFiS IN (HANCEUY. [-^PP-

XXXl.

I'noii allowance of 'J'liAT upoii tlic allouaiicc of any pica or demurrer, the

ihe plaintirt to pay plaiiititt* or plaintiffs shall pay to the defendant or defendants
tiiii;is<'<l((>ststiieii-- the taxed costs thereof; and when such plea or demurrer is

(it, aiitl it to tlic ' '

Mliolr i)il!, the till-- ti) the whole hill, then the further taxed costs of the suit also;

lli«r taM'il <'t)>ls ot" . , . . w, 1 • • »• 1 11

till' suit; iiiiloss ill uiuivss lu thc casc of a ])loa the plauitift or plaintiUs shall
I\'^.^?:rt•*' .?.!i''...'.'l','- uuiicrtakc to reply thereto, and then the costs shall be re-
«<• "'piy. served, or unless (he Court shall think fit to make other

t)rilcr to the coutrar\.

XXXll.

lipon oviM-iiiiing a 'J'n A T tijxMi tlic ()V(>r-ruling of any plea or demurrer, the

Icndaiit* to'paVti'ir dcrcMulaiit ov (IcfiMiihuits shall pay to the plaintiff' or plaintiffs
tax.d costs occasion- ^j^^^, taxed costs occasioned thereby, unless the Court shall

t»(l tlici (■!>%', niiloss . , ,

otllcI\^i^c' orilcicd. luakc othor ordcr to thr contrary. ,

•'oj hsi3<

XXXIII.

M'licro two Counsel 'I'll vr when two Counsel appear ior the same party or par-

aio iiiO|>cr, the costs . ■ i • c i • i ii

or<asioiic(l iluichy ties upon uw. Iicarni^ ot any cause or matter, and it shall

ti!o.i"'ii hoViV \)c of JipP''-"* '" ^''^- ^^;»^l^'»* to have bci:n necessary or proper for

tlu- Outci i;ai-. siicli parly or ]iarties to retain two Counsel to appear, the

c<.)sts occa>a)iKHl thcrehy shall he allowed, although both of

such Coiuisil may have biien selected from thc Outer Bar.

XXXi'^^.

Where a cansc stand- 'J'liAT wlu'u a caiise which s(:ui(ls ior hcariiirj is called on

ir<j for hearing i* ■ i i i i i • i i i r r

flunk out of thc to be heard, but caiuiot be dcculed by reason ol a want ot par-
,,a|..r oum^' to a j^,^ . ^^^j^^.^. ^j^,j.^,,.^ ^^^^ ^,,^, ^,j- j,,^, n];ii„tif}; and is thcrc-

delect on tlic part ol i i '

the pia.iititi, dcfciiti- j;,,.^. slruck t)tit of the i>aper, if the sattte cause is ao^ain set

ant to l)c allowed llie ,

coMsof the tiist set- liowii, the defendant or defendants shall be alloMcd thc taxed
iiig town. costs occasioned by the first settino- down, although he or they

do not obtain the costs of the suit.

App.]

ORDERS IN CHANCERY.

441

XXXV.

That where a cause being in the paper for hearing is or-
dered, to be adjourned upon payment of the costs of the day,
theije the party to pay the same, whether before the Lord
High Chancellor, the Master of the Rolls, or the Vice-Ciian-
cellor, shall pay the sum of <£10, unless ^he Court shall make
other order to the contrary^

V'i

Where a cause is or-
dered to be adjourn-
ed upon payment of
the costs oftlie day,
the party shall pay
.£'10, iinlt'ss other-
wise ordered.

XXXVI.

That whenever upon the hearing of any cause or other
matter it shall appear that the same cannot conveniently
proceed by reason of the solicitor for any party having neg-
lected to attend personally, or by some proper person on his
behalf, or having omitted to deliver any paper necessary for
the use of the Court, and which according to its practice
ought to have been delivered, such solicitor shall personally
pay to all or any of the parties such costs as the Court shall
tlilnk j|t to fiward. . ,

Where a cause can-
not proceed by rea-
son of the non-at-
tendance of a soli-
citor or some person
on his behalf, or his
having neglected to
deliver any paper ne-
cessary for the use of
the Court, he is to
pay personally such
costs as the Court
shall think fit.

XXXVII.
i^iiJ {is^qqa, OJ Isp.asjo'j

That the ^^orn Clerks of the Court and the Waiting
Clerks shall not be entitled to receive any fees for attend-
ance in Court, except in cases where they shall actually at-
tend, and where their attendance shall be necessary.

Sworn Clerks and
Wailing Clerks only
entitled to fees on
actual attendance,
and where the saiua
is necessary.

u.q \o JnBW B lo nofeji'if ^XXVIII. r., tdd Jytn^tn

That where any cause which is set down to be heard either
in the Court of the Lord Chancellor, or in the Court of the
Master of the Rolls, shall be afterwards set down to be
heard in the other of the said two Courts, there the solicitor
for the plaujtifF shall certify the fact to the Registrar of the fact'to tiie KegiMnir

, , /• , J I I M "• '•'•■ Court wheie

Court where the cause was hrst set down, wiio sliuU cause ji^vas tiisisii down.

M'here a cause set
<lown to be heard it)
one Court is after-
wards set down to
be heard in the other
Court, the plaintiff '»
solicitor to ctrlify the

Ui

ORDERS IN CHANCERY.

[App.

an entry thereof to be made in his book of causes, opposite
to the name of such cause ; and the sohcitor for the plaintiff
shall be allowed a fee of six shillings and eight pence for so
certifying the fact, if he shall certify the same within eight
days after the said cause is so set down a second time.

XXXIX.

Where a cause be-
comes abated, or is
compromised after it
is set down to be
heard, the plaintiff's
solicitor to certify tlie
fact to the Registrar.

That where any cause shall become abated, or shall be
compromised after the same is set down to be beard in either
of the said two Courts, the solicitor for the plaintiff shall
also certify the fact, as the case may be, to the Registrar of
the Court where the cause is so set down, who shall in like
manner cause an entry thereof to be made in his cause book,
and the solicitor for the plaintiff shall be allowed the same
fee of six shillings and eight pence for such certificate, if he
shall certify the fact as soon as the same shall come to bis
knowledge.

Penalty in bond
given to answer
costs, by plaintiff,
increased from ^40
tojflOO.

XL.

That the penal sum in the bond to be given as a security
to answer costs by any plaintiff who is out of the jurisdiction
of the Court, be increased from forty pounds to one hundred
pounds.

jJi._Iiiij.

XLI.

Deposit npon excep-
tions to a report to
be increased to „£'10;
in case the exceptions
are over-ruled, the
exceptant to pay the
further taxed costs,
unless otherwise or-
dered.

That the deposit upon exceptions to a Master's report
shall be increased to £10, to be paid to the adverse party if
the exceptions are over-ruled, in which case the exceptant
shall also pay the further taxed costs occasioned by such
exceptions, unless the Court shall otherwise order ; but in
case the exceptant shall in part succeed, the deposit shall
be dealt with and costs shall be paid as the Court shall
direct.

App.]

ORDERS IN CHANCERY.

443

XLII.

That the deposit upon every petition of appeal or re-
hearing be increased to .£20, to be paid to the adverse party
when the decree or order appealed from is not varied in
any material point, together with the further taxed costs oc-
casioned by the appeal or re-hearing, unless the court shall
otherwise order.

Deposit upon a pe-
tition of appeal or
re-hearing increased
to ^20, to be paid
over with further
costs, wiien the de-
cree or order is not
varied in any mate-
rial point.

XLIII.

That for the purpose of enabling all persons to obtain
precise information as to the state of any cause, and to take
the means of preventing improper delay in the progress
thereof, any Clerk in Court shall at the request of any person,
whether a party or not in the suit or matter inquired after,
procure and furnish a certificate from the Six Clerks' Office,
specifying therein the dates and general description of the
several proceedings which have been taken in any cause in
the said office, whether such Clerk in Court be or not con-
cerned as Clerk in Court in the cause, and that he shall be
entitled to receive the sum of three shillings and four pence
for such certificate, and no more.

Any Clerk in Court

at the request of any
person, to procure a
certificate specifying
tlie dates and general
description of the se-
veral proceedings in
any cause.

XLIV.

That whenever a person who is not a party appears in
any proceeding either before the Court or before the Master,
service upon the solicitor in London by whom such party
appears, whether such solicitor act as principal or agent,
shall be deemed good service, except in matters of contempt
requiring personal service.

Service on the soli-
citor in London, of a
person, not a piiity,
appearing in any pro-
ceeding, to he (leeni-
rd good service, ox-
cept in matters of
contempt.

444

ORDERS IN CHANCERY.

[App.

XLV.

Clerical and acciden- TfiAT clerical mistakes in decrees or decretal orders, or

tal errors to be cor- ....

rected upon petition errors arising from any ae<KlderttaI slip or omission, may at
before enrolment. i.- u i? i . i , i • . • ■,

any time betore enrolment be corrected upon petition, with-
out the form and expense of a re-hearing.

XLV I.

Application to stay TiiAT every application to stay proceedings upon any decree

proceedings upon a ,.,. i i n oi ./

decree or order to be or order w'hich IS appealed froBfi, be made first to the Judge

"SoVonotce'd'tt'^ ^^o pronounced the decree or order.

XLVII.

Application for a new
trial to be made to
the Judge who di-
rected the issue.;. ,^

' 3« M

If a decree or order
referring any matter
to a Master is not
brought into the
Master's office within
2 months, any party
interested to be at
liberty to apply to
the Court.

That every application for the new trial of any issue at
law directed by a Judge of this Court, be first made to the
Judge who directed such issue. ; ; .

mmuY Bna^B oi bebhne XLVIlkq iadv. ol^u oi .elqma^,

TifA¥ WheV^'anytlecree or order referring any matter to
a Master is not brought into the Master's office within two
months after the same decree or order is pronounced, there
any party to the cause, or any other party interested in the
matter of the reference, shall be at liberty to apply to the
Court by motion or petition, as he may be advised, for the
purpose of expediting the prosecution of the said decree or
order."'''-'' ' '^'.-^131 ^ xi- iio ii iinda an ,oh -

X LI X. mid mx)\^d a^nibssooiq ^ '

The Master to keep
a register of the dates
and descriptions of
the pioccediiig)< in
pvery cause or inHt-
tcr referred to liiui.

That every Master shall enter in a book to be kept by
him for that purpose, the name or title of every cause or
matter rclcrrcd to hiuij and the time when the decree 0^

App.]

ORDERS IN CHANCERY.

445

order is brought into his office, and the date and description
of every subsequent step taken before him in the same cause
or matter, and the attendance or non-attendance of the se-
veral parties on each of such steps, so that such book may
exhibit at one view the whole course of proceeding which is
had before him in each particular cause and matter.

That upon the bringing in of every decree or order, the
solicitor bringing in the same shall take out a warrant ap-
pointing a time which is to be settled by the Master, for the
purpose of the Master taking into consideration the matter
of the said decree or order, and shall serve the same upon
the Clerks in Court of the respective parties, or upon the
parties or their solicitors in cases where they shall have no
Clerks in Court.

The solicitor bring,
ing in a decree or
order, to take out a
warrant appointing a
time to be settled by
the Master for talcing
into consideration the
matter of the decree
or order;

»ipon whom such war-
rant to be served.

■*^Wi fjoijsnilq-qjj fi3T5 tajiT

That at the time so appointed for considering the matter
of the said decree or order, the Master shall proceed to re-
gulate, as far as may be, the manner of its execution ; as for
example, to state what parties are entitled to attend future
proceedings, to direct the necessary advertisements, and to
point out which of the several proceedings may be properly
going on pari passu, and as to what particular matters in-
terrogatories for the examination of the parties appear to
be necessary, and whether the matters requiring evidence
shall be proved by affidavit or by examination of witnesses,
and in the latter case, if necessary, to issue his certificate for
a commission ; and if the Master shall think it expedient
so to do, he shall then fix a certain time or certain times
within which the parties are to take any certain proceeding
or proceedings before him.

At the time appoint-
ed, the Master to re-
gulate and direct the
manner of the exe-
cution of the decree
or order, and the pro-
ceedings to be tai^en,

and the Master to
be at liberty to fix
a time within which
parties arc to take
any proceeding ;

446

ORDERS IN CHANCERY.

[App,

LII.

On any subsequent
attendance, the Mas-
ter to be at liberty
to fix a time within
which parties are to
take any other pro-
ceedings.

That upon any subsequent attendance before him in the
same cause or matter, the Master, if he thinks it expedient
so to do, shall fix a certain time or certain times within
which the parties are to take any other proceeding or pro-
ceedings before him.

LIII.

Upon default of any
party's attendance,
the Master may pro-
ceed ex parte.

That where some or one but not all the parties do attend
the Master at an appointed time, whether the same is fixed
by the Master personally or upon a warrant, there the Master
shall be at liberty to proceed ex parte if he thinks it ex-
pedient, considering the nature of the case, so to do.

LIV,

Where the Master has
proceeded ex parte,
such proceeding not
to be reviewed unless
he is satisfied that
tliere was no wilful
delay or neglect, and
then only upon pay-
ment of costs.

That where the Master has proceeded ex parte, such pro-
ceeding shall not in any manner be reviewed in the Master's
office, unless the Master, upon a special application made to
him for that purpose by a party who was absent, shall be
satisfied that he was not guilty of wilful delay or negligence,
and then only upon payment of all costs occasioned by his
non-attendance ; such costs to be certified by the Master at
the time, and paid by the party or his solicitor before he
shall be permitted to proceed on the warrant to review.

LV.

Where a proceeding
fails by reason of non-
attendance, the Mas-
ter may certify the
aniomit of costs to be
paid by tiie absent
party, his solicitor,
or clerk ill court, and

That where a proceeding fails by reason of the non-attend-
ance of any party or parties, and the Master does not think
it expedient to proceed ex parte, there the Master shall be
liberty to certify what amount of costs, if any, he thinks it
reasonable to be paid to the party or parties attending by the

App.l

ORDERS IN CHANCERY.

447

absent party or parties, or by his or their sohcitor or sohcitors,
or Clerk or Clerks in Court, personally, as the Master in his
discretion shall think fit ; and upon motion or petition, without
notice, the Court will make order for the payment of such
costs accordingly.

an order for pay-
ment to be made as
of course.

LVI.

That where the party actually prosecuting a decree or
order does not proceed before the Master with due diligence,
there the Master shall be at liberty, upon the application of
any other party interested either as a party to the suit, or as
one who has come in and established his claim before the
Master under the decree or order, to commit to him the pro-
secution of the said decree or order ; and from thenceforth,
neither the party making default, nor his solicitor, shall be at
liberty to attend the Master as the prosecutor of the said
decree or order.

Where a party pro-
secuting a decree or
order does not pro-
ceed with due dili-i
gence, the Master
may commit the pro-
secution thereof to
any other party in-
terested applying to
him.

LVII.

That upon any application made by any person to the
Court, the Master, if required by the person making the ap-
plication, shall, in as short a manner as he conveniently can,
certify to the Court the several proceedings which shall have
been had in his office in the same cause or matter, and the
dates thereof.

Upon any application
to the court, the Mas-
ter to certify, if re-
quired, the proceed-
ings had in his office.

LViir.

That every Master shall be at liberty, without order, to The Master may pro-
ceed dc die in diem

proceed in all matters de die in diem at his discretion.

without order.

, T I V

nulj Joxi et>o' rjia,}'

■: TrfAT evet^ warrant for attendance before the Master shall f;;2,;rj''-;;''tf ,7„':

be considered as peremptory, and the Master shall beat ,si,it.i.'<i peremptory;

,11 I the IMaslcr to regu-

Jiberty to continue the attendance beyond the nour anu ,,^,^ j,^^. ,1,,,^ ^^^ j„„i

fees for, attendance.

448

ORDERS IN CHANCERY.

[App.

In case of a soli-
citor's non-atteiid-
ai)ce, Ills usual fee
to be disallowed.

during such time as he thinks proper, and shall be empowered
to increase the fee for the solicitor's attendance in proportion
to the time actually occupied ; and in case the Master shall
not be attended by the solicitor, or a competent person on the
behalf of the solicitor, of any party, the Master shall in such
case disallow the usual fee for the solicitor's attendance, taking
care either in allowing an increased fee, or disallowing the
usual fee, to mark his determination in his Attendance Book,
and also on the warrant for attendance.

LX.

The production or
inspection of books,
papers, &c. to be in
the discretion of the
Master.

That where by any decree or order of the Court, books,
papers, or writings are directed to be produced before the
Master for the purposes of such decree or order, it shall be
in the discretion of the Master to determine what books
papers or writings ai'e to be produced, and when and for
how long they are to be left in his oJfRce ; or in case he shall
not deem it necessary that such books, papers, or writings
should be left or deposited in his office, then he may give
directions for the inspection thereof by the parties requiring
the same, at such time and in such manner as he shall deem
expedient.

LXI.

Parties to bring in
their accounts in the
form of debtor and
creditor, and to be
examined upon in-
terrogatories as the
Master shall direct.

That all parties accounting before the Masters shall bring
in their accounts in the form of debtor and creditor ; and any
of the other parties who shall not be satisfied with the ac-
counts so brought in, shall be at liberty to examine the ac-
counting party upon interrogatories as the Master shall direct.

LXII.

All accounts, when
passed and settled,
to be entered in a
book with proper in-
dexes.

That all such accounts when passed and settled by the
Master shall be entered in a book to be kept for that purpose
in the Master's Office, as is now the practice with respect to
Receivers' accounts, and with proper indexes, in order to be

referred to as occasion may require.

ORDERS IN CHANCERY.

449

*t>Ji3JiiOB ^tii lot '^Si aiilj

lo n .'(f'xri .

any

periods for delivery
of receivers' ac-
counts and payment
of balances in Iheir
hands.

That the Master in acting upon the Order of the Court of The Master to be at
23d April 1796, shall be at liberty upon the appointment of
a receiver, or at any time subsequent thereto, in the place of
annual periods for the delivery of the receiver's accounts and
payment of his balances, to fix either longer or shorter pe-
riods at his discretion ; and when such other periods are
fixed by the Master, the regulations and principles of the
said Order shall in all other respects be applied to the said
receiver.

sife agmihw so ,3i9q.

LXIV.

That in ' every Order directing the appointment of a re-
ceiver of a landed estate, there be inserted a direction that
such receiver shall manage, as well as set and let, with the ap-
probation of the Master ; and that in acting under such an
Order it shall not be necessary that a petition be presented to
the Court in the first instance, but the Master, without special
Order, shall receive any proposal for the management or letting
of the estates from the parties interested, and shall make
his report thereon, which report shall be submitted to the
Court for confirmation in the same manner as is now done
■with respect to reports on such matters made upon special
reference ; and until such report be confirmed, it shall not
give any authority to the receiver.

On the appointment
of a receiver of a
landed estate, a di-
rection to be inserted
in the order autho-
rizing liim to manage
as well as let the
same; the Master,
■without special order,
to receive proposals
for nianagini; or lett-
ing tlie estate, and
until the Master's re-
port be conlirmed,
the receiver to have
no authority nudcr
the same.

;ijj. mi

LXV.

iOlij^iii. iK C£ii'. ^(J'^

That all affidavits which have been previously made and As to what atiHinvits

* may be used l)eloic

read in Court upon any proceeding in a cause or matter may a Master.
be used before the Master.

Vol. IL

F F

456

ORDERS IN CHANCERY.

LXVI.

As to what further
atiidavits may be
used before a IMaster
in reply to former
aflidavits.

That where upon an inquiry before the Master affidavits
are received, there no affidavit in reply shall be read, ex-
cept as to new matter which may be stated in the affidavits
in answer, nor shall any further affidavits be read unless
specially required by the Master.

LXVII.

After issuing tlie
warrant on preparing
his report, no fur-
ther evidence to be
received by the Mas-
ter.

That the Master shall not receive further evidence as to
any matter depending before him after issuing the warrant on
preparing his report ; but that he shall not issue such warrant
without previously requiring the parties to show cause why
such warrant should not issue.

LXVIII.

No warrant to re-
view any proceed-
ing to be taken out,
except by pennissiou
of the Master, the
costs of such review
to be in his discre-
tion.

That no warrant to review any proceeding in the Master's
Office shall be allowed to be taken out, except by permission
of the Master, upon special grounds to be shown to him for
that purpose ; and the costs of such review when allowed
shall be in the discretion of the Master, and shall be paid
by and to such persons and at such time as he shall direct.

LXIX.

The Master to have
power at his discre-
tion to examine wit-
nesses viv& voce, sub-
pii?na to issue to coui-
pe! tlieir attendance,
and the evidence to
be preserved in the
Master's Office.

That the Master shall have power at his discretion to ex-
mine any witness vivd voce, and in such case the subpoena for
the attendance of the witness shall, upon a note from the
Master, be issued from the Subpoena Office; and that the evi-
dence upon such vivd voce examination shall be taken down
by the INIaster, or by the Master's clerk in his presence, and
preserved in the Master's Office, in order that the same may
be used by the Court, if necessary.

OKDEBS IN CHANCERY.

451

LXX.

That in all matters referred to him, the Master shall be at The Master to be at

. .11 liberty to make sepa-

Iiberty upon the apphcation oi any party mterested, to make rate reports as he

a separate report or reports from time to time as to him shall '^^ '° ^^^^ '*" '

seem expedient ; the costs of such separate reports to be in

the discretion of the Court.

LXXI.

That where a Master shall make a separate report of debts
or legacies, there the Master shall be at liberty to make such
certificate as he thinks fit with respect to the state of the
assets; and every person interested shall thereupon be at
liberty to apply to the Court as he shall be advised.

Upon a separate re-
port of debts or le-
gacies, the Master
may certify with re-
spect to the state of
the assets.

LXXII.

That the Master shall be at liberty to examine any creditor
or other person coming in to claim before him, either upon
written interrogatories or vivd voce, or in both modes, as the
nature of the case may appear to him to require, the evidence
upon such examination being taken down at the time by the
Master or by the Master's clerk in his presence, and preserved,
in order that the same may be used by the Court if necessary.

The Master to be at
liberty to examine a
creditor or other per-
son claiming, either
upon interrogatories
or vivil voce.

LXXIII.

That if any party wishes to complain of any matter intro-
duced into any state of facts, affidavit or other proceeding
before the Master, on the ground that it is scandalous or im-
pertinent, or that any examination taken in the Master's office
is insufficient, he shall be at liberty, without any order of re-
ference by the Court, to take out a warrant for the Master to
examine such matter, and the Master shall have authority to
expunge any such matter which he shall find to be scandalous
or impertinent.

F F 2

Any party complain-
in;; of scandul or im-
pcrtiiienre in any
proceedings heforr a
Master, to be at li-
berty, wilhont Older
of reference, to take-
out a warrant lor the
Master to exiiniine
siuli niatlcr, power
given to the Maslei
tu expunge the .same.

462

ORDERS IN CHANCERY.

Tlie relevancy or ma-
teriality of state-
ments or questions
to be considered by
tlie Master.

LXXIV.

That the Master in deciding on the sufficiency or insuf-
ficiency of any answer or examination, shall take into Con-
sideration the relevancy or materiality of the statement or
question referred to.

Property directed to
be sold before tlie
Master, may be sold
in the country as the
Master shall tliink fit.

LXXV.

That in cases where estates or other property are directed
to be sold before the Master, the Master shall be at liberty, if
he shall think it for the benefit of the parties interested, to
order the same to be sold in the country at such place and
by such person as he shall think fit.

LXXVI.

Directions as to the
conrse of proceeding
where a Master is di-
rected to settle a con-
veyance, or to tax
coats, in ca!se the
parties differ about
the same.

That where a Master is directed to settle a conveyance, or
to tax costs, in case the parties differ about the same, there
the party claiming the costs, or entitled to prepare the con-
veyance, shall bring the bill of costs or the draft of the con-
veyance into the Master's office, and give notice of his having
so done to the other party ; and at any time within eight days
after such notice, such other party shall have liberty to inspect
the same without fee, and may take a copy thereof if he thinks
fit ; and at or before the expiration of the eight days, or such
further time as the INIaster shall in his discretion allow, he
shall then either agree to pay the costs or adopt the convey-
ance, as the case may be, or signify his intention to dispute
the same; and in case he dispute the same, the Master shall
then proceed to tax the costs, or settle the conveyance, ac-
cording to the practice of the Court.

The Master may re-
quire parties to be rc-
t resented befure him
y distinct solicitors.

LXXVII.

That whenever in any proceeding before a Master the sam6
solicitor is employed for two or more parties, such Master may
at his discretion require that any of the said parties shall be
represented before him by a distinct solicitor, and may refuse
to proceed until such party is so represented.

ORDERS IN CHANCERY.

453

LXXVIII.

That such of the foregoing Orders as limit or allow any
specified time for any party to take any proceeding, or for any
other purpose, shall only apply to cases where the period from
which such specified time is to be computed shall be on or
subsequent to the first day of Easter Term now next ensuing.

Dire£tions as lo the
time from whicli the
preceding Orders
should tuke effect.

LXXIX.

That such of the foregoing Orders as relate to the manner
in which the costs of any suit or proceeding are to be taxed,
and to the amount of costs to be paid on any occasion, shall
not apply to any costs which shall have been incurred, or to
the costs of any proceeding which shall have been had or
taken previously to the first day of Easter Term next ensuing.

LXXX.

That such of the foregoing Orders as relate to the course
of proceeding in the offices of the Masters of the Court, or to
the authority of the Masters, shall have effect from and after
the first day of Easter Term next ensuing, and shall be acted
upon by the Masters in all cases except where from the then
advanced stage of any proceeding they are not practically
applicable.

LXXXI.

That subject to the regulations hereinbefore specified, tlic
foregoing Orders shall take effect as to all suits whether now
<lepending or hereafter commenced, on the first day of Easter
Term next.

Lyndhukst, C.
John Leach, M. R.
Lancelot Shadwell, V. C.

[455 ]

INDEX

TO THE

ORDERS IN CHANCERY.

U K JJ b K

ACCOUNTS

to be carried in before a Master in the form of debtor and creditor. . 01
when passed and settled by the Master, to be entered in a book to be
kept in the Master's office. . . . .02

AFFIDAVIT

of materiality of amendments to be made upon a second application for

leave to amend bill before replication filed. . . .13

having been read in court may be used before the Master. . . 05

in reply to affidavits upon an inquiry before the Master, not to be read
except as to new matter stated in the affidavits in answer, nor any
further affidavits unless required by the Master. . . CO

AMENDMENT,

before replication, one order for leave to amend obtainable as of
course. . . . . . .13

no further leave to be granted before replication, except on affidavit. . ib.

within what time an order to amend before replication must be ob-
tained. .....•• ib.

order for leave to amend to confcun an undertaking to amend within
three weeks from the date of the order. . . .11

no amendment after replication, except on special application supported
by affidavit. . . . '..'.' ^'^

time for amending bill expiring in the vacation after Trinity or Michael-
mas Term, to extend to and include the day of the ensuing general
seal. . . . • • • . 1!>

ANSWER,

in a country cause lo be put in withm eight days alter appearance,
unless orders for time ol)tained. . • • .3

to be deemed sufficient unless exceptions thereto delivered widiiii two
months, . . • • • • "*

not to be referred for insufficiency until the expiration of eight days
(except in injunction causes), if not referred within the next six
days to be thenceforth deemed sufficient. . . .5

4p6 INDEX TO THE ORDERS IN CHANCERY.

ORDER

ANSWER — continued.

a second or third answer, if not referred for insufficiency on the old
exceptions within a fortnight after it is filed, to be thenceforth
deemed sufficient. . . . . . G

when found insufficient, the Master to fix a time for putting in a further
answer. . . . . . .8

when certified suQlcient, to be deemed so from the date of the Master's
report. . . . . . .9

defendant submitting to answer without a report, the answer to be
deemed insufficient from the date of the submission. . . ib.

if a third answer be reported insufficient, the defendant to be examined
on interrogatories, and to stand committed until the same are fully
answered, and to pay additional costs. . . .10

when referred for insufliciency, scandal, or impertinence, the Master's
report to be obtained within a fortnight from the date of the order,
or within such further time as Master shall certify is necessary, other-
wise the order to be considered as abandoned, and from such time,
in case of alleged insufficiency, the answer is to be deemed sufficient. 12

Master, in deciding on sufficiency or insufficiency of, to consider the
relevancy or materiality of the statement or question. . . 74

(See tit. Costs.)

APPEAL.— (See titles Costs ; Deposit.) . . . .42

CAUSE,

time for setting down a cause for hearing. . . .17

when set down to be heard in the Lord Chancellor's court, and after-
wards in the court of the Master of the Rolls, or vice versa, the
plaintilF's solicitor to certify the fact to the Registrar, and to be
allowed 6s. 8d. for so doing, if certified within eight days. . 38

when abated or compromised alter it is set down to be heard, the
plaintiff's solicitor to certify the fact to the Registrar, and to be
allowed Os. 8d. if certified as soon as possible. , . .39

CLERK IN COURT,

service on, in what cases good service. . . 20. 21. 50

fees not to be allowed to the sworn clerks and waiting clerks for attend-
ance in court, except their attendance necessary. . . 37

upon request of any person, to furnish certificate of dates and descrip-
tion of the proceedings in any cause. . . .43

may be directed to pay costs personally in the discretion of the Master
where a proceeding fails by reason of non-attendance of any jnuty. 55

COMMISSION,

order for, to be obtained by plaintilT within one week after filing re-
plication. . . . • . . .17

order for, when obtained in term, time, the commission to be retiiriiabic
on the first return of the following term at the latest. . . . ib.

order for, when oblainetl in vacati(.n, the commission to be returnable
on the last return of the following term at the lale>l. . . ib,

CONTEMPT,

defendant to be in contempt in default of putting in a fui'thcr answer
within the time directed by the Master, alter exceptions allowed to
the former answer. . . . . .8

process of, may be taken up at the point to which the plaintifl' had
before proceeded, in the event of the answer being found insufficient,
iiotwith:^tanding he accepted costs upon the deleudaut's discharge. 24

INDEX TO THE ORDERS IN CHANCERY. 467

ORDER

COSTS

of subpoenas to be costs in the cause. . . . .2

upon a third answer reported iusullicient, to be paid as the court thinks
fit. . . . . . . .10

acceptance of, upon the defendant's discharge upon fihng his answer,
not to compel plaintifl" to re-commence the process of contempt in
the event of the answer being found insufficient. . . 24

on taxation of, the Master to consider the necessity or propriety of se-
parate answers filed or other proceedings had, where one solicitor
■was employed by several defendants. . . . .27

occasioned to plaintiif by insufficiency of answer, to be deemed part of

his costs in the cause. . , . . .28

occasioned to a defendant by any amendment of bill (excepting in

certain cases ) to be deemed part of his costs in the cause. . 29

occasioned to. a defendfuit by amendment of bill, to be deducted from
the amount to be paid by a defendant in cases where upon taxation
plaintifi" has not been allowed the costs of such amendment. . 30

of plea or demurrer to be taxed upon allowance thereof, and if to the
whole bill, the further taxed costs of the suit (unless otherwise
ordered ). . . . . • .31

occasioned by plea or demurrer, when taxed to be paid, upon the over-
ruling thereof, to plaintiif ( unless otherwise ordered ). . . 32
occasioned by retaining two counsel, although selected from the outer

bar, to be allowed by the Master at his discretion. . . 33

occasioned to defendant by cause being struck out of the paper, through
defect of parties, or otherwise on the part of plaintiif, to be allowed
to the defendant. . . . • .34

of the day fixed at £10 (unless otherwise ordered) where the cause

is ordered to be adjourned upon payment of the costs of the day. . 35
in the discretion of the court to be paid by the solicitor where the
hearing of any cause or matter is adjourned by reason of any ne-
glect in attendance or omission on his part. . ' . . . ' "^^
penalty of bond to answer costs, where plaintiff is out of the jurisdic-
tion, increased to £100. . . • ' j i '*
occasioned by exceptions to report, when over-rul^d, to be taxed and

paid by the exceptant ( unless otherwise ordered). . . ' '^^

occasioned by a petition of appeal or re-hearing, to be taxed and paid
to the adverse party, where the decree or order is not varied in any
material point ( unless otherwise ordered ). . • , ' '^'^

occasioned by the non-attendance of a party applying afterwards to the
Master to review the proceedings, to be paid before the warrant to
review is proceeded on. . • • •

when certified by tiie Master as reasonable to be paid to the party
attending on the failure of any proceeding by reason of non-attend-
ance of any party, order for payment to be made as of course. .
of reviewing proceedings when allowed, to be in the discretion ot the

Master. . • ' c \ '

of separate reports to be in the discretion of the court. . •

directe.l to be taxed in case parties differ, the bill to brought mio the
Master's Ollicc, and within a limited lime the olher party to agree
to pay same, otherwise the amount thereof to be taxed. . • 7'>

COUNSEL.— (See tit. Costs.) . • • • * ^^

li !<"( 'V FF

clerical mistakes in, or errors arising from a.:ci<ln.tal slip or omission,
to be conected at any time before enrolment upon petition. . ^>

54

70

458 INDEX TO THR ORDERS IN CHANCERY.

ORDER

DECREE — continued.

application to stay proceedings, to be made first to the Judge who pro-
nounced the decree. . . . . .46

if not brought into Master's Office within two months, any party inte-
rested to be at hberty to apply for the purpose of expediting the pro-
secution thereof. . . . . . .48

Master to settle the time for taking into consideration the matter of. . 50

Master to regulate the manner of execution of, and proceedings under
the same. . . . . . .51

if not prosecuted with due diligence, the Master to be at liberty to
commit the prosecution thereof to any other person interested. . 56

DEDIMLS

not to be allowed, to take the answer of defendant in a country cause. . 3

DEMURRER.— (See tit. Costs.) . . . .31,2
DEPOSIT,

upon exceptions to a report increased to ^10. . . .41

upon a petition of appeal or re-hearing increased to £20. . .42
DISMISSAL

of bill, when defendant to be at liberty to move for. . . 16, 17
EVIDENCE,

as to any matter depending before a Master not to be received by him

after issuing the warrant on preparing his report. . . 67

EXAMINATION

of creditors or otiier claimants in the Master's Office to be taken upon
written interrogaiories or vivl'i voce. " . . . .72

the IMaster to be at liberty to examine as to any alleged insufficiency of,
without any order of reierence. . , . .73

the Master, in deciding on sufficiency or insufficiency of, to consider the
relevancy or materiality of the question. . . .74

EXCEPTIONS,— FOR INSUFFICIENCY, see tit. Answer.

for scandal or impertinence must be in writing and signed by counsel,
and tile order for referring the same must be obtained within six days
after delivery thereof. . . . . .11

time for delivering exceptions expiring in the vacation after Trinity or
Michaelmas Term, to extend to and include the ensuing general seal day. 19

INJUNCTION,

order nisi for dissolving the common injunction obtainable upon peti-
tion as well as motion ; the same to be served two clear days before
the day upon which cause is to be shown. . . .23

MASTER

to keep a register of the name and nature of all proceedings in every
cause or matter referred to him. . . . .49

to settle the time for taking into consideration the matter of every
decree or order. . . . . . .50

to regulate the execution of the decree or order and all future proceedings 5 1

upon any subsequent attendance, to fix tlie time for other proceedings
if expedient. . . . . . .52

to be at liberty to proceed ex parte in default of any party attending. . 53

having proceeded ex parte, such proceeding not to be reviewed by him
unless, upon special application by the party absent, he is satisfied that
there was no willul delay or negligence, and upon payment of all costs 54

INDEX TO THE ORDERS IN CHANCERY. 459

ORUKll

MA STER — continued.

a proceeding failing by reason of non-altondance, the Master to certify

the amount of costs to be paid to the party attending and by whom,

and order for payment thereof to be made as of course. . . 55

a decree or order not prosecuted with due diligence, the Master may

commit the prosecution thereof to any party interested. . . 5G

upon any application to the court, the Master if required to certify

to the court the proceedings had in his office. . . .57

may proceed de die in diem in all matters. . , .58

every warrant of attendance to be peremptory. . . .59

the Master may continue the attendance beyond the hour, and increase

the solicitor's fee accordingly, and in case of his nou-attcndance or

of neglect on his part, his usual fee to be disallowed. . . ib.

■when books, &c. directed to be produced before, he is to determine as

to what particular books, &c. and when and how long to be left at his

office, or as to the time and manner of inspection. . . GO

to direct as to the examination of any accounting party. . . (Jl

having passed and settled any accounts, the same to be entered in a

book to be kept in the Master's Office. . . .02

to be at liberty to fix the periods for the delivery of a receiver's

accounts and payment of his balances. . . . G'i

may receive proposals for the management or letting of an estate from

parties interested, without special order, and make his report thereon. 04
not to receive further evidence after issuing the warrant on preparing

his report, nor to issue such warrant without previously requiring

the parties to show cause against it. ... C7

no warrant to review any proceeding in the Master's Office to be taken

out except by permission, upon special grounds shown, the costs of

such review to be in the discretion of the Master. . . (ii^

may examine any witness viva voce. . . . .09

to be at liberty in all matters referred to him to make separate reports

upon the application of any party interested. . . .70

to certify as to the state of the assets, upon making a separate report

of debts or legacies. . • • • . ' "^

may examine creditors or other claimants upon written interrogatories

or viva voce. . . . • • . " '"

to be at liberty to expunge matter found in any proceeding before him

to be scandalous or impertinent, upon a warrant taken out for such

purpose, without any order of reference. . • .73

iu deciding as to sufficiency of answer or examination to consider the

relevancy or materiality of the statement or question. . . 71

may direct sales to be made in the country. . • . 7.j

course of proceeding before, when directed to settle a conveyance,

or to tax costs in case the parties dider. . . . 7(»

may require parties to be represented by distinct solicitors, and may

refuse to proceed until so represented. . • .77

NEW TRIAL, , , , . ,_

application for, to be first made to the Judge who directed the issue. . 17

NOTICE , ,. , ,

of motion or of petition where necessary, to be served two clear days ^^

before the hearing thereof. • • • '

of name and description of witness to be examined, to be Icit at thr ^
scat of the clerk iu court for the opposite party. . • -»

460 INDEX TO THE ORDERS IN CHANCERY.

ORDER

ORDER,

to deliver excopfions nvnc pro tunc not to be allowed. . . 4

nisi tor cotilirming a report obtaiuable upon petition, and service thereof

upon the cierk in court of any party to be deemed good service. . *2l

nisi for dissolving the common injunction obtainable upon petition;
such order to be served two clear days before the day for showing
cause. . . ." . . .23

PETITION,

of which notice is necessary, to be served two clear days before the
hearing thereof. . ' . . . . .22

PLEAS.— (See tit. Cos^s,) . . . . 31,32
PROCEEDINGS,

upon any decree or order, application to stay, to be made first to the

Judge who pronounced the decree or order. . . .40

PUBLICATLON,

when plaintili" must give rules to pass. . , , .17

not to be enlarged except upon special application. . .18

RECEIVER,

the Master to be at liberty to fix any periods at his discretion for de-
livery of a receiver's accounts and payment of his balances. . G3

of landed estate, in the order for appointment of, direction to be in-
serted that such receiver may manage as well as set and let. . 64
REGISTRAR,

upon certificate to him of cause being set down to be heard in Lord
Cbancellor's Court, after it had been set down to be heard at the
Roils, or vice versa, to cause an entry thereof to be made in his
book of causes. . . . . . .38

so also where a cause has become abated, or been compromised after
it had been set down to be heard. . . . .39

REHEARIXG.— (See tit. Dcpos/)'.) . . . .42

not req\iisite for correction of clerical or accidental errors in decrees
or decretal orders before enrolment. . , . .45

REPLICATION,

not to be withdrawn and hill amended without a special order upon
motion with notice. . . . . .15

REPORT,

upon a reference for insufliciency, scandal, or impertinence, to be pro-
cured within a fortnight from the date of the order for reference, or
within such further time as the Master may certify to be necessary. . 12

the Master to be at liberty in all matters referred to him, to make se-
parate reports upon application of any party interested. . . 70

upon making a separate report of debts or legacies, the Master to certify
as to the state of the assets. . . . .71

REVIEW,

of proceedings had ex parte in the Master's office, not to be allowed,
unless upon special application to the Master by the party absent
he is satisfied tiiat there was no wilful delay or negligence, and upon
payment of all costs. . . . . .54

no warrant to review any proceeding in the Master's office to be taken
out, except by permission upon special grounds shown; the costs of
suc^i rcTiew to be in the discretion of the Master. . . 60

INDEX TO THE ORDERS IN CHANCERY. 461

SALE,

estates or other property directed to be sold before the Master, may
be sold in the country if llie Master thinks fit, . . , 75

SCANDAL OR IMPERTINENCE,

no order for referring any pleading or olher matter for, to be made,

unless exceptions are taken in writing and signed by counsel. '. \\

such order to be obtained within six days after delivery of exceptions, ib.
(And see titles Report; Warranf.) . , , J2 73

SERVICE,

on clerk in court, of subpoena to rejoin or to answer an amended bill
or to hear judgment, to be deemed good. . , .20

on clerk in court of order nisi for confirming report, to be deemed
good. •. . . • • • . . .21

upon the solicitor in London of a person appearing in any proceeding-
though not a party, to be deemed good service, except in matters of
contempt. . . . , . ^ . 44

SOLICITOR,

where appearing for two or more defendants not to be allowed on tax-
ation the costs of separate answers or other proceedings, if in the
opinion of the Master improperly incurred. . . .27

to pay personally such costs as the court shuU think fit when upon the
hearing of any cause or other matter the same cannot proceed by
reason of his non-attendance, or not having delivered any paper
necessary for the use of the court. . . , . 3G

to certify to the Registrar when a cause set down to be heard in the
court of the Lord Chancellor is afterwards set dov/n to be heard at
the Rolls, or vice versa ; if certified within eight days, to be allowed
6s. 8c/. . . . . . . .38

to certify to the Registrar where a cause set down to be heard has
afterwards become abated or been compromised ; if certified as soon
as possible, to be allowed 6s. 8c/. . . . .3D

in London, of a person appearing in any proceeding though not a
party, service upon to be deemed good service, except in matters
of contempt. . . . . . .44

bringing in a decree or order to take out a warrant appointing a time
for the purpose of taking into consideration tbe matter of such decree
or order. . . . . . .50

may be directed to pay costs in the discretion of the Master, «here a
proceeding fails by reason of non-attendance of any party. . 55

fees of, may be increased by the Master, where attendance before him
continues beyond an hour. . . . . .50

if not attending personidly or by a compclent person upon any warrant
before the Master, his usual fee may be disallowed. . . ib,

where employed in any proceeding before a Master for two or more
parties, the Master may require any party to be represented by a
distinct solicitor. . . • . .77

SUBPCENA,

order for, returnable immediately, may be sued otit in a country cause. 1
writ of, luust be sued out for each defendant, exeei»t in the case of

husband and wife defendants. . . . .2

to make a better answer not necessary. . . .8

462 INDEX TO THE ORDERS IN CHANCERY.

ORDER

S\JBV(F.N A— continued.

to rejoin, to be served within one week from filing replication. . 17

to rejoin, or to answer an amended bill, or to hear judgment, to be
served on clerk in court. . . . . .20

for attendance of witness before a Master to issue, upon a note froiu
him. . . . . . . .69

TIME,

from what, the Orders are to take effect. . . 78, 81

UNDERTAKING to SPEED,

when to be given. . . . . . .16

VIVA VOCE EXAMINATION,

evidence upon, to be taken down by the Master or in his presence and
preserved. ..... 69, 72

WARRANT,

appointing a time for taking into consideration the matter of a decree
or order, to be taken out by the solicitor bringing in such decree. . 50

on preparing report, not to issue without requiring parties to show
cause against it. . . . . . .67

to be taken out for the Master to examine as to any alleged scandal or
impertinence in any proceeding before him, or as to alleged insuf-
ficiency of an examination. . . . . .73

WITNESSES,

when rules to produce, must be given. . . . .17

not to be produced at seat of clerk in court for the opposite party,

but notice of their names and descriptions to be served there. . 25
may be cross-examined by the same examiner as took their examination

in chief. . . . . . .26

may be examined viva voce by the Master. . . .69

[ 4G3 ]

INDEX

TO THE

PRECEDENTS AND NOTES.

ABATEMENT,

bill of revivor in general necessary to v?arrant any proceedings after abate-
ment, i. 631, n.

ABSTRACT,

delivery of, statements of, in bills, i. 9, 12, 21

interrogatories to prove delivery of, or matters relative thereto and to the

title, ii. 154, 5
interrogatory to prove abstracts as exhibits, ii. IBG

ACCESS

of husband to wife, interrogatory to prove, and also his residence, ii. 155

ACCOUNT,

bill for an account of monies advanced by defendant to plaintilT, also of
sums paid on account, that the amount paid may be set oil' against the
amount of monies advanced, and that upon payment of the balance, cer-
tain bonds may be delivered up to be cancelled, i. (54

bill by assignees for an account of testator's personal estate, debts, Ac. and
to have one moiety of the clear residue carried over to the bankrupt's
account, subject to the widow's life interest, i. 121

bill by an assignee for an account of mercantile dealings and transactions
between the defendant and the bankrupt, and pay mint of the balance,
i- 123

bill by assignees for an account of the proceeds of a shipment ot goods
made by the bankrupt, i. 128

of debts due to defendant, interrogatory to prove delivery of. to a deceased
person, in what language written, ihe copy in witness's possession made
by his direction, and his observations written thereon ; al^() to prove the
copy as an exhibit, requiring the witness to mak(^ a (raiislatioii thercot,
distinguishing the hand-writing thereof and of the observations wntl.ii
thereon, ii 155, G

existing unsettled, interrogatory to prove, and applications lor paymenl,

ii. 157

4(54 INDEX.

ACCOUNT— continued.

interrogatory to prove a statement and settlement of accounts between plain-
tifl' and defendants, respecting the effects of a deceased person, and pay-
ment of the balance, ii. 158

interrogatory to prove delivery of an attorney's bill, ib.

interrogatories for examination of an accountant, relative to an account made
out by him of the dealings between deceased persons; also to prove as
exhibits the books of account delivered to him for that purpose, and the
copy made by him of such account, ii. 187

interrogatories to prove the hand-writing of, and also as an exhibit the
diary or account kept by a land agent, ii. 189

interrogatory to prove that a land agent kept a diary or account of his
agency, and up to what time, and whether he discontinued keeping the
same, ii. 221

interrogatory to prove how and when the balance-sheets of partnership ac-
counts were made up, to whom delivered, and why, ii. 244

statement of a prayer for account of monies due to the plaintiff under cer-
tain agreements, in pursuance whereof he had rebuilt the premises in
question; also to have a lease executed to him, and for an account of the
arrears of the rents agreed to be paid to him by the defendants, ii. 374

decree opening stated accounts and directing a general account to be taken
of all dealings and transactions between the plaiutifls and defendants,
ii. 3G5

ACCOUNTANT-G L- N ER AL,

form of the Register's certificate to the Accountant-General of the amount
of stock standing in his name, ii. 332, n.

ACCUMULATIONS,

statement (in a petition) of accumulations in respect of dividends on stock,
the investment thereof from time to time, and the amount of stock pro-
duced thereby, standing in the name of the Accountant-General, ii. 356

ACKNOWLEDGMENTS,

interrogatory to prove production of a book to a person, containing ac-
knowledgments or memorandums signed by him, and what passed relative
thereto, ii. 1.38

interrogatory to prove tlie acknowledgment made by a person on receiving
a sum of money, ii. 107

interrogatory to prove acknowledgments or admissions made by an obligor,
as to the person for whose benefit liie bond was intended, ii. 282

ACT OF PARLIAMENT,

statements of application for, of the act obtained, of sales in pursuance
thereof, and payment of the purchase-monies into the Bank in the name
of the Accountant-General, i. 310

ACTION

on bond, statement of, and of judgment obtained, i. 165

in ejectment brought by trustees of a term, and of verdict found for the
plaintitf, statement of in a bill, i. 235

brought by trusters for the recovery of the balance of an account, state-
ment of in a bill, and of a set-off pleaded by the defendant, i. 486

brought by defendant for the recovery of the balance of an account, state-
ment of, U) a bill, i. 489

brouglit by defendant for the recovery of an alleged shipment of dollars,
statt ment of in a bill, i. 4i)G, 549

INDEX. 4G5

ACTION— continued.

of fejechtient brought for recovery of possession of a moiety of an estate,
statement of, in a bill, i. 503

statement of an action of ejectment brought by lessor to recover posses-
sion of premises agreed to be let to the phxintitr in equity, i. 525

commenced for recovery of the amount of an attorney's bill, interrogatory
to prove, ii. 158

interrogatory to prove defendant's having commenced an action agninst
the plaintiff's agent, the trial thereof, aud what passed thereat, ii. loi)

ADDRESS OF BILLS, i. 2

ADMINISTRATION,

statements, in bills, of^grant of, i. 100, 164, IHO, 263, 369, 371, ot3, 53G,

548, 553
statements, in bills, of grant of, with the will annexed, i. 534, 5fJ3
statement, in a petition, of the death of executors, and of letters of a-Jmi-

nistration of effects left unadministered, with the will annexed, granted,

i. 642
statement, in an answer, of grant of, with the will annexed, ii. 26
recital in a decree of letters of, limited to matters in issue, anil until final

decree made and the execution thereof completed, ii. 376

ADMINISTRATOR.— (For bills against administrators, see Contents, vol. i.
tit. Bills by next of Kin for Account.)
plea that defendant is not, ii. 05

interrogatories for the examination of the personal representatives of an
administrator, as to his intestate's estate and eO'ects, exclusive of his
share in a partnership business, and also as to the debts which were
ovviug by the intestate, ii. 273

ADMISSIONS.— (See tit. Acknon-ledgments.)

statements of admission of three sisters to copyholds, a.s co-heiresses — the
death of one of them, and the admission of the surviving sisters (the
defendants ) to her share, i. 329

ADVERTISEPdENT,

for discovery of a person, interrogatory to prove insertion of, and by whose
direction, and what applications were made in consequence, ii. 159

interrogatory to prove as exhiliits advertisements inserted in newspapers,
and by whose direction in.-erled, ii. 243

interrogatory to prove an estate advertised for sale by auction, and by
whose authority, ii. 250

ADVOWSON, „ ,

when mortgaged, sale of should be prayed instead of foreclosure, i. 219, n.
decree for partition of, ii. 3a6.— (And see tit. V' ill.)

AFFIDAVIT.— (See Contents, vol. i. Chapter Vl][.)
when required to be annexed to a bill, i. 204, n.
form of, to be annexed to a bill for delivery of litlc-derds, i. 208
forms of, to be annexed to a bill of interpleader, 1.251
forms of, accompanying the examinations of fen<es covert, ii. 129, 131

AFFIRMATION of a quaker, a surveyor, as to repairs licing n(iiii.site, i. 709
AFTER-MATH, as to tithe of, i. 417, n.
Vol. II. G«

4GG INDEX.

AGENT

of vendor, statentent of agreement made with, in a bill by vendor for spe-
cific performance, i. 11

contracting for sale or demise of lands need not be authorized in writing,
i. 25, n.

statement (in a bill) relative to parliamentary agents employed in prosecuting
an election petition, i. 488

interrogatory to prove that plaintiff was employed by defendant as her
confidential attorney or agent, ii. 161

interrogatory to prove for how many years a person was employed as land
agent to proprietors of coal mines, whether he kept a diarvor account of
Lis agency, and when he discontinued iceeping the same, ii. 221. (See
also tit. Cross-Interrogatories.)

interrogatory for the examination of an agent or steward as to his having
been empowered by a testator to let and sell his estates and receive the
rents, also to ascertain the particulars of the estates, how long the exa-
minant had been in possession of any part, what rents he had received,
what remained in arrear, and what monies had been expended on the
estates, ii. 274

interrogatories for examination of, before the Master, as to rents received
by him, monies laid out in repairs, monies received by sale of estates and
timber, and requiring him to set forth the rental and all the particulars
of the estates belonging to a deceased person, ii. 287

AGISTMENT,

not claimable for after-pasture, where the land has been mown in the same

year and paid tithe, i. 417, n.
of barren cattle, interrogatories for discovery of the value of, ii. 311, 3, 5

AGREEMENT. — (See Contents, vol. i. titles. Bills for Specific Performance of
Agreements; and Bills to cancel Agreements.)

stated in a bill for specific performance to be in writing, signature presamed
until contrary shown, i. 9, n.

for lease of tithes made with a rector, statement of in a bill, i. 248

statement in a petition of a bill filed by a purchaser praying for an injunc-
tion to restrain the vendors from proceeding at law, and that they might
be decreed speciG«ally to perform their agreement, and to execute a con-
veyance to the plaintiff, Or that the agreement might be cancelled, i. 666

statement ( in a petition) of a petition preseated jpraying that an agreement
for purchase might be cancelled, i, 670 • ,; ,<• •: in!

interrogatory to prove the preparing and terras of, ii. 160 .,rjt.; ^^ fi.i,

a parol agreement re^pe«;tiBg, thQp)aiiM:yE^^t: residing
with a defendant, ib. ■'-. u r? <; "•-

interrogatory to prove defendant's signature to, ii. 190 ». —

a deceased person's signature to, ib. ■ ■

the signature of witness to an agreement as agent on
behalf of the defendant, what passed previously to, and whether defend-
ant approved of, his signing the same, ib. , ;ijj ^, .5 ■: :.; .^..::

signed by an agent, interrogatory to prove as- an exhilst* sUq ' to prove the
memorandum indorsed signed by the party ratifying the act of her agent, ib.

signed by the purchaser and auctioneer, interrogatory to prove as an exhibit,
and what passed at the time of execution, ii. 2ol

interrogatory to prove, by examination of solicitors, by whom they were
employed in negociating a treaty or agreement for sale between defend-
ants, that they received their instructions from the partners of defendant

t ^i » E X. 4g7

AGREEMENT— con<mM«/.

T. R. C, and that pending tlic treaty or after the agreement was conchidod
they received information that an agreement for sale had been entered
mo between plaintitr and defendant I. D., and whether they communi-
cated the same to the other defendant, ii. 256

interrogatory to prove, by examination of the partners of defendant
I. ±i.<^ whether they treated for or employed any person to enter into
a treaty for purchase of premises from defendant 1. D., whether they hul
the previous authority of T. R. C. or whether lie afterwards knew oV ap-
proved of it, ii. 257 ^

decree declaring agreements to be void, the grounds upon which such de-
cree was founded being inserted, ii. 381.— (And see tit. Composition.)

ALIEN, plea that plaintiff is an alien enemy, ii. 94

ALLOTMENT,

statement of an allotment made to a defendant upon an inclosure, i, 524
interrogatory to prove the making of, and circumstances relative thereto.

ii. 160
of common land made under an act of parliament, interrogatory to prove

being made, ii. 247

AMENDED BILL,

form of amending bill, a subsequent mortgagee added as a party defendant

to a bill of foreclosure, i. 230
statements of bills being amended, i. 525, 6
statement of an order to amend a bill, and that defendant may answer the

amendments and exceptions at the same time, i. 535
considered as the original bill, ii. 2, n.
demurrer to an amended bill for redemption, ii. 91

ANNUITY. — (See Contents, vol. i. tit. Bills relating to Annuities; also vol. ii.
Chapter XVII. tit. Decrees and Decretal Orders.)

cannot be set aside for mere inadequacy of price, i. 108, n.

if validity of the annuity is not raised on the pleadings, the court is not

authorized to question the title of the annuitant, ib, n.
statement of a grant of, secured by a demise of premises and warrant of

attorney ; prayer for payment of the arrears, to have a value set upon the

annuity and the premises sold, and in case of a deficiency, to be admitted

a creditor against the general assets of the deceased grantor, i. 179
bill praying that plaintiff may be declared entitled to an annuity, and for

an account of the arrears, i. 216
charges in a bill relative to an annuity charged by will on an estate, plainlifl*

insisting that she is entitled as well to the annuity as to her dower, i. 21»
prayer for payment of a weekly annuity given by a will. i. 296
prayer for account of several annuities given by a will, and payment of

the arrears out of the rents of the residuary real estate, and in ease of a

deficiency then by sale or mortgage, and for payment in future out of tlie

residue of the rents, i. 319
prayer to have a sum invested to secure, i. 520
statement in a petition of a reference to the Master to inquire as to the

value of, i. 690
for life, interrogatory to prove value of, ii. 161
decree for payment of arrears of, with interest, and <lir.eting deleudant to

execute a conveyance for securing growing payments, ii. MH

O € 2

4G8 INDEX.

AN N U lTY—co7ithiucd.

decree declaring the rights of annuitants under a will, also declaring the
construction of the will as to the bequest of an annuity in fee, granted
out of the Barbadoes Duties, as vesting in equity in the legatee as a fee-
simple conditional, ii. 402, and directing an account to be taken of the
arrears, ii. 403

ANSWERS.— (See Contents, vol. ii. Chapter IX.)

titles of, ii. 1

title of, rellecting on plaintiff, is scandal, ii. 1, n.

coniinencement of, ii. 3

as to framing answer to amendments and exceptions, ii. 3, n.

common forms used in framing, ii. 4

conclusion of, ii. 7

introductory observations as to framing, ii. 8

statements of defendants having appeared and put in their answers, i. 520,
522, 523, 525, 52G, 528, 529, 535, 536, 543, 667, 685, 690

statement of (in a petition) insisting that a sum of money paid by tlie grantee
of an annuity was not paid for the purchase of the annuity for the plain-
tiff's life, that the payments made in respect of the annuity ought not to
be taken in satisfaction of such sum, and that the plaintiffs ought not
to be let in to redeem, i. 690

statement of (in a petition) insisting that a widow accepted the provisions
made for her by her husband's will, and in compliance with the directions
contained therein executed a deed of release, that at the time of making
her will she was ignorant of his having obtained renewals of leases of
certain leasehold premises in his own name, and that it was only disco-
vered upon occasion of looking into the title upon a sale of the premises,
and insisting that the provisions made by the will were a l)ar to all claims
under a settlement, and in particular to the leasehold premises, i. 700

claim by defendant of the benefit of the defence set up by answer, as if by
plea, or demurrer, ii. 41, 42, 68

APPEAL. — (See Contents, vol. i. tit. Petitiom of Appeal.)

petition of, statement of, ( in a petition) praying that an order made by the
V. C. might be discharged and an agreement for purch:ise cancelled, an
account taken of all expenses incurred by petitioner in the investigation
of the title, and also for costs of suit, i. 671

APPOINTMENT.— (See tit. Trustees.)

legatees taking in default of appointment held necessary parties to a bill
brought for a moiety of the residuary estate, i. 289, n.

APPORTIONMENT of rents, prayer for, in a bill of partition, i. 380

ARBITRATION,

statement of reference to, and of bond executed, i. 96

interrogatory to prove an agreement for reference of amount of damages to

arbitration, and what were awarded, ii. 159
decrees directing a reference to, ii. 367, 8

ARCHBISHOP,— cross bill against, as ordinary of the diocese, i. 365

ARREST,— of plaintiffs, statement of, in a bill, i. 139

ARTICLES, — to discredit witnesses, ii. 330

INDEX. 469

ASSETS,

mode of adininistcring real assets, i. 150, n. 155, n.
marshalling of, i. 257, n.

ASSIGNEES. — (See Contents, vol. i. tit. Bills by Assignees on behalf of Bank-
rupts' Estates.)

authority to commence a suit should appear on the face of the bill. i. 114, u.

statement of the assignees of a bankrupt executor having in their hands part
of the personal estate in specie, in bill filed by creditors praying an ac-
count thereof, and to be allowed to prove against the bankrupt's estate the
balance of his account due from him to the testator's estate, i. 173

charge in a bill relative to the removal of an assignee, and the appointment
of a new one in his stead, i. 197

statement in a bill of the assignees of a bankrupt executor having possessed
assets of his testator, i. 559

plea to a bill by, that same was filed without the consent of the creditors,
ii. 95

ASSIGNMENT,

pretences and charges in a bill to set aside a voluntary assignment of efTects

for the benefit of relations, i. 100
bill by the assignees of a bankrupt's estate, to set aside an assignment of

the lease of certain premises made to the defendant by the bankrupt a

short time previously to his bankruptcy, i. 118
of a legacy to a purciiaser pending a suit by creditors for an account and

payment of it, void, i. 1G4, n.
prayer (in a bill of foreclosure) to have an outstanding term assigned to a

trustee for the plaintiff', i. '223
statements of conditional assignments made of shares of a fund in court in

trust for securing money lent, i. 521, 654, 5

ATTACHMEN1\

issued out of the Lord Mayor's Court, statement of in a bill, and withdrawal

thereof, i. 196
issued out of the Lord Mayor's Court, statement of in a bill, and charges

relative thereto, i. 512

ATTORNEY, .

interrogatory to prove that plaintifl" was employed by defendant as her con-
fidential attorney or agent, ii. 161

interrogatory to prove that witness was employed i)y a person (deceased)
in the purchase of an estate, and the deceased's intention with regard

thereto, ii. 171 • r i

interrogatory to prove information given by defendants to witness of Iheir
intention to employ another solicitor, ii. 219 • , i

interrogatory to prove wliether witness informed his clients, two ot the de-
fendants in a cause, that he should instruct counsel to appear lor them at
the hearing, what instructions he .cceived from tlieni, and whether he did
in fact deliver briefs to counsel other than tiie briefs delivero;! lor otiuM-
defendants, and when he first knew that another solicitor had prepared
briefs for counsel, ii. 220 _ r i

interrogatory t.. prove i.v whom employed in negotiating a treaty for s:.l,-
between defendants, "and whether tliey communicated inluni.ation «l.i.h
they received to a defendant, ii. 25(; ,. , • ,

interrogatory to prove tt.e an.ount due to an examinant fur inisiness dunr
for deceased, ii. 27».- (And see til. Aclion.)

470 INDEX.

ATTORNEY-GENERAL,

form of introducing the name of, where made defendant, i. 5, n.

prayer of process in a bill where made defendant, i. 7

may refuse to put in an answer, but no process of contempt can go against

him, nor can his answer be excepted to, ii. 10, n.
forms of answers of, ii. 10, et seq.

AUCTION,— statements of sales by, i. 14, 20, 115
AUCTIONEER,

interrogatory to prove authority to sign a receipt or agreement as to sale
of premises, and the usage of auctioneers, ii. 250

interrogatory to prove what observations were made by an auctioneer pre-
viously to biddings, as to the custom of a manor with respect to the right
of widowhood, ii. 254

interrogatory to prove that witness sold an estate by auction, the plan or
particular produced, and what was stated by him relative thereto, ii. 262

interrogatory to prove that witness was employed to sell an estate by auction,
that he prepared the plan referred to in the advertisements, and that the
same was left open to the inspection of persons desirous to purchase, ib.

AUTHOR, — interrogatory relative to the authorship of a book, ii. 161

AUTHORITY,

interrogatory to prove whether given by the obligee in a bond to receive the
money due thereon, ii. 282

AVERMENT,

form of the general averment that the acts complained of are contrary to
equity, i. 6

AWARD,

statement of, in a bill, and of circumstances to invalidate the same, i. 97
statement of an award ( made in pursuance of an order made upon petition )
declaring the petitioner to be a mortgagee, and fixing the value of his
security, at which price he was to liecouie the purchaser thereof, and also
ascertaining the amount in respect of which the petitioner was to be
entitled to prove under a coniuiission of bankrupt issued against the
mortgagor, i. 6->8

BANK OF ENGLAND,

as to making, parties, i. 308, n.

bills against, i. 368, 373, 442

interrogatory to prove the custom at, of retaining powers of attorney to

receive dividends, and also to prove as an exiiibit a copy of a power of

attorney deposited there, ii. 201

BANKERS,

interrogatories to prove by a partner and a clerk in a banking-house whether
two deceased persons kept cash account with the firm, and how, ii. 240

BANKRUPT.— (See Contents, vol. i. tit. Bill hy Assignees on behalf of Bank-
ivpts' Estates.)

statements of the issuing of commissions of, and the proceedings under the

same, i. 30, 98, 129, 522, 559, 563, 658
statement in a bill of bankruptcy of an acting executor, i. 174
prayer in a bill by creditors that a debt may be proved under a comnnssion,
and that a receiver may be authorized to receive the dividends to become
payable thereon, i. 178

INDEX. 471

BANKRUPT— co«h«M«/.

duirge relative to the bankruptcy of defendant, and the provisions in a deed
with reterence thereto, i. 197

prayer for liberty to prove under a commission of bankrupt against a mort-
gagor for any deficiency which may happen by sale before the commis-
sioners of the plaintiff's security, and to receive dividends thereon with
the separate creditors, i. 242

charge that a defendant, an executrix, is in danger of becoming bankrupt,
and that some person ought to be appointed to prove in respect of the
balance due from her, i. 307

prayer for liberty to prove as a debt against the bankrupt's estate the
amount due from him as executor, i. 5G2
''«%" ' plea of bankruptcy of plaintiff, ii. 96

plea by bankrupts of their certificate to the whole bill, excepting only as
to the allegation of their claim of interest, which they disclaim, ii. 98

statement of a release by bankrupts of their surplus allowance and all right
.''"«' to their surplus estate, ii. 99, 100

interrogatories to prove acts of bankruptcy, ii. 162

conversations respecting the affairs of, ii. 170
BAPTISM, ,j,,,,rf,^

of plaintiff, charge relative to, i. 478

of plaintiff, interrogatory to prove, ii. 163

interrogatories for examination of a defendant before the Master, to prove
the number and age of her children, and when and where baptizcil, ii.
275, 6. — (And see tit. Entry.)

BILL IN EQUITY,

praying relief, usually consists of nine parts, i. 1
address of, always prescribed by the court, i. 2, n.
an amended bill considered as the original bill, ii. 2, n.
BILLS OF EXCHANGE.— (See Contents, vol. i.tit. Bills to cimcd Ar/recmcnts,
Sills of' Exchange, Bonds, arid other Instruments.)

statement of bills being accepted by bankers, and payment thereof not pro-
vided for when due, i. 116
statement of meetings of bill-holders and of the sums due to tliiMii, i. 13(5
interrogatory to prove remittance of, and payment thereof, ii. 1<)2

delivery of bills for the produce of a cargo, consignrniMit
of colonial produce, or assignment of other property to secure payment
thereof, or whether witness had credit in account witii defendants, ii. 163
interrogatory to prove, as exhibits, ii. 191

remittances to an agent of drafts or bills of exchange
during a long period, and to wliat amount yearly, the allowance made for
commission and postage of letters by the person employed to draw out
the accounts between the parties, and what was said b}' the party charged
therewith upon a conversation with him relative thereto, ii. 249
BILLS OF LADING,— statements of, i. 17-3, 493
BIRTH.— (See titles Baptism. Entry.)

of plaintiff, interrogatory to prove, ii. 163
BONDS.— (See Contents, vol. i. tit. Bills to cancel Ayrrements, Bills of Errlinnyr,
Bonds, and other Instruments.) • i i

bill by a grantor of an annuity and his surety to set aside an annuity bond,

i. 108
statements of mortgage bonds, i. 229, 278
interrogatories to prove the execution of, ii. 191, 193

472 INDEX.

BONDS — continued.

interrogatories to prove a bond prepared for securing payment of a snm of
money by the plaintifls, tlie objection taken by them to the same being
prepared as a common money bond, also to prove as an exhibit the minute
made by witness of the actual consideration, the contents and purport
thereof, and the conversation which passed relative to the consideration,
ii. 192

interrogatory to prove the amount due on bond to examinants, ii. 277

interrogatories for the examination of a person claiming to be a creditor, to
prove the actual consideration of a bond, and under what circumstances
the same was executed, ii. 279

interrogatories for examination of a witness before the ?»Iaster as to the
existence of a bond and what has become of the same, also to prove the
hand-writing and acknowledgments or admissions made by the obligor
as to the person for whose benefit the bond was intended, ii. 281

interrogatory to prove whether examinant has received any part of the prin-
cipal or interest due on bond, ii. 2H6

BOOKS. — (See Contents, vol. i. tit. Bills to restrain the Infringement of a
Copyright. — See also anlea, tit. Author.)
interrogatory to prove that a book was delivered to witness as instructions
for collecting tithes and customary payments, what has become thereof,
and whether it appeared to have been anciently written, ii. 23-3

BOUNDAllIES. — (See Contents, vol. i. tit. Bills by, and against, Lords of
Manors.)

bill does not lie for the mere purpose of settling the boundaries of two
manors, i. 322, u.

charges in a bill that defendants have thrown down or neglected the bounda-
ries between freehold and copyhold lands, ii. 331

statements and charges in a bill relative lo the boundaries of plaintiff's
estate, i. 4B0

of lands, interrogatories to prove, ii. 1G4

or division between parishes, interrogatory to prove, ib.

BUILDINGS.— (See titles Dilapidations ; Waste.)

CANCELLATION. — (See Contents, vol. i. tit. Bills to cancel Agreements, Bills of
iLxchangc, Bonds, and other Instruments', also tit. Bills relnting to Annuities.)
of a will, interrogatory to prove, and why cancelled, ii. 272

CAPITAL,

interrogatory to prove amount of, advanced by a partner, and how much
appears by the books to have been brought in, ii. 244

CASE,

interrogatories to prove that a case was laid before counsel and the points
submitted for his opinion; also to prove as an exhibit the case with the
opinion, and whetlier witness lai<l any other case before the same or any
other counsel relative to t'le matters before submitted to counsel, and why,
ii. 194

CATALOGUE,

interrogatory to prove a catalogue of sale as an exhibit, ii. 19d. — (See also
tit. t^iale.)

CERTIFICATE,

of counsel to a petition for re-hearing two causes, i. 686
plea by bankrupt.A of their certificate to the whole bill, excepting only as
to the allegation of their claim of interest, which they disclaim, iit 98

INDEX. 473

CERTIFICATE— continvcd.

by commissioners on examination of f^mes covert as to the application of

monies to vviiich they were entitled, ii. 128
by commissioners on examination ot" a feme covert as to her execution of

a deed of settlement, ii. 130
of the register to the Accouutant-Gencral, of the amount of stock standing

in his name, ii. 332, n.

CERTIORARI,

prayer for writ of, i. 8

bill for writ of, to remove proceedings from the Lord Mayor's Court in

London, on the ground of one of the plaintilT's witnesses residing out of

the jurisdiction of that court, i. 131
writ of, on what grounds and by whom it may be applied for, ih. n.
plaintilF must prove the suggestion of his bill within fourteen days after

the return of the writ of, i. 133, n.

CHANCERY, jurisdiction of the court of, i. 133, n.
CHAPEL,

to prove whether used as a Roman Catholic or Protestant, whether cere-
monies of baptism, marriage, and burial performed there, and the general
belief relative to the destruction of the chapel and registers, ii. IGj

CHAPELRY,

whether annexed or reputed to be annexed to a vicarage, interrogatory to
prove, ii. '265

CHARITY.— (See Contents, vol. i. Chapter VI. tit. Informations.)
commencement of suit on behalf of, i. 5
decree for establishing, ii. 368

CHILDREN,

interrogatories to prove number and ages of, ii. 165, 6, 7

maintenance of, and degree of allcction shown for,
a child, ii. 166

interrogatories for examination of a defendant before the Master to prove
the number and age of her children, and when and where baptized,
ii. 275.
CLAIMS.— (See tit. Release.)
stated in bills,

charge of a claim of interest by some of several defendants in the perform-
ance of certain contracts, i. 62

statement of a claim of interest by a person resident abroad, i. 1()7

charge of a claim of interest by some of several defendants in purchase-
monies, i. 116, 162

charge of cross claims by defendants, i. 127

to dower by defendant, statement of, i. 162

by assignees of a bankrupt, of interest in the execution i.l trusts, ciiargc
relative to, i. 197

by an heir disputing a will, i. 215, 277, 313, 469

of interest in mortgaged premises, statements ol, 1.222 230

by an assignee under the insolvent debtors' act in right ol the insolvent as

tenant in tail, statement of, i. 238
of various persons to residuary property, statement ot, i. J-0
of interests in trust estates, statement of, i- ^^\
by next of kin before a Muster, statement ol, i. 551)

474 INDEX.

CLAIMS— continued.

by surviving assignee of a bankrupt to his interest under a will, statement

of, i. 563
by an heir to surplus rents, statement of, in an information, i. 602
stated in answers,

by defendant to be entitled in right of his wife to receive a legacy given to

her, ii. 33
by adult defendants jointly with infants as next of kin to plaintiff's deceased

wife, to the exclusion of plaintiff", ii. 40
by defendant lord of a manor to be entitled absolutely to copyhold premises

by seisure for want of a tenant, ii. 43
claim of the benefit of the defence set up by the answer, as if by plea, or

demurrer, ii. 41, 42, (>8
of plaintiff to an estate, interrogatory to prove notice of to defendant, and

whether given before or aftey defendant |jad,,^qi^rgq,|Ji,Qreo^, JU.'^^ti

CLERK, ^ ^ •^/rr.T^'l^^i.K* ij^/;. ,,

statement of a clerk to a company being in receipt of rents of a charity
estate, and in possession of deeds, <kc. he being made a defendant, i. 609
COAL.

bill for an account of coals and other miueralg raised by the defendants and

their lessees from coal mines lying under copyhold lands, i. 3^9
interrogatories to prove knowledge of, the sinking of coal pits, the direction
of drains or soughs, the erection of steam engines, and matters relative
to the situation, draining, and working of beds or strata of coal and
iron-stone, ii. 224, 5, 6, 7

CODICIL.— (See titles PioAa^e; Will.)

COMBINATION,

forms of the general charge of, i. 5, 6

charge of, ought to be specific to render it material, ii. 7, n.

general charge of, need not be answered, ib.

COMMENCEMENT

of bills, forms of, i. 3

of informations, i. 4, 585

of an information and bill, i. 5, 61 1

of petitions, i. 638, 665

of afiidavits, i. 703, 6

of an aflirmation, i. 709

of answers, forms of ii. 3

of demurrers by one or more defendants to the whole of the bill, forms

of, ii. 74, 5
of demurrers to part of the bill, ii. 82, 3, 86, 9
of pleas by one or more defendants to the whole of the bill, forms of,

ii. 94, 104
of pleas by one or more defendants to part of the bill, ii. 98, 107

COMMLSSION,

to examine witnesses abroad, prayer for, i. 447, 453, 476, 481, 482, 505
for examination of witnesses when returnable on a day certain, the time

cannot be enlarged, i. 468, n.
to examine witnesses abroad, may be obtained before answer, i. 493, n.
statement of, sued out to take defendant's answer abroad, i. 548
prayer for, to take the consent of a married woman ( residing abroad ) to the

transfer of stock, i. 652, 660
C031M1TTEE,— of a lunatic, commencement of bill by, i. 4

INDEX. 475

COMMON,

interrogatory to prove a meeting held of the inhabitants of townships for
the purpose ot hxing the limits of the common lands, ii. '219

interrogatory to prove the quantity of common land which would be allotted
to the plaintiir, with reference to the quantity to be allotted to the lord
of the manor, li. 219.^(And see tit. Inclosure.)
COMPANY,

statements in and prayer of an information and bill filed against the Skinners
Company and their clerk, for an account of the charity estates vested ia
them for the support of the free grammar school at Tunbridge, i. 608
COMPENSATION,

bill praying, for the value of plaintiff's dower out of such part of the tes-
tator's estates as was directed to be sold in her life-time, i. 210

prayer of a supplemental bill for compensation for the loss of a piece of
land which the plaintiff had contracted to purchase, i. 5'24
COMPOSITION,

creditor agreeing to accept a composition, and taking security for the rest
of his demand, or taking additional security for the amount of his com-
position, such security void, i. 41, n.

statement of an agreement to accept, i. 42, 43

bill by insolvent partners and certain persons who had been appointed in-
spectors and had also become sureties for them for the payment of cer-
tain instalments, against a creditor and the executors of a deceased trustee
( under a deed of trust alleged to have been executed by the other
defendant, the creditor, for the benefit of his creditors), to compel them
to accept a dividend declared by the inspectors, i. 134

in lieu of tithes to a vicar, interrogatories to prove payment of, ii. 232, 233

interrogatories to prove whether payable, and under what denominations
payments have been made and received, whether as moduses or tem-
porary compositions, ii. 26G, 7

interrogatory to prove applications made on behalf of a defendant to bo
admitted into the annual agreement made with otber occupiers, ii. 270

CONDITIONS OF SALE.— (See titles Ca/a%Mc'; Sak.)

CONFEDERACY,

forms of general charge of, i. 5, G. — (And see tit. Combination.)

CONFIRMATION,

of lease, prayer for, i. 70

offer by plaintiff to confirm underleases, S:c. i. Oi)

of plaintiff's jointure, decree directing, ii. 373

CONSIDERATION,

of a deed, interrogatory to prove payment of, and whctiicr the whole or
only part thereof was paid, and the ackMowlodgmcnt of the person re-
ceiving the same, ii. 1G7. — (And see tit. Deeds.)

CONSIGNMENT,

statement in a bill for an account of mercantde dealings, of consignment!*

made and investment of the proceeds, i. 124
of cotton, statement of in a bill by creditors against executors, i. 17.>

CONTRACTS,

bill by two merchants partners, against several merchants, parlners ni
different firms, praying to have certain contracts cntcrcil into wilb (ho
plaintiffs Ijy the defendants' brokers, delivered up to be cancelled, as
having been obtained by fraud, i. 51.— (And see til. Aijicimint.)

476 INDEX.

CONVERSATIONS,

interrogatories to prove, ii. 1G7, 8, 9, 170

respecting the provision made or intended to be made for the plaintiff by a
deceased person by his will, interrogatories to prove, ii. 241

interrogatories to prove particulars of conversation between plaintiff and
witness, and declarations made by the former respecting the defendant,
ii. 245

between plaintiff and defendant respecting the purchaser of particular lots
of an estate sold by auction, interrogatory to prove, ii. 252

respecting an agreement for purchase, interrogatory to prove, ii. 258

with defendants, relative to (heir title, interrogatory to prove, ii. 260

interrogatory to prove particulars of a conversation between plaintiff and
defendant, respecting the purchase by the defendant of a house and pre-
mises, and the plaintifl's title thereto, and a piece of newly-inclosed
ground in front, ii. 261

CONVEYANCE,

bill to set aside deeds of lease and release conveying away an estate ab-
solutely, intended to operate only as a security for money lent, i. 80

interrogatories relative to the preparing a draft of conveyance by counsel,
and the instructions given, and the deceased purchaser's intention with
regard thereto, ii. 171

interrogatory to prove the preparing of deeds of, for carrying an agreement
into execution, and the circumstances attending the preparing and in-
grossing thereof, and their execution by a particular party, ii. 172

COPARTNERSHIP.— (See Contents, vol. i. tit. Bills relating to Partnership

Matters.)

COPY,

interrogatories to prove copies of registers of baptisms, burials, &c. ii. 179,

198
interrogatory to prove as an exhibit the copy made by witness by direction

of a deceased person, of an account which had been delivered of monies

owing by him ; also to prove in what language the account and copy

•were written, the observations which the deceased wrote on the copy,

and in what languace, and requiring the witness to translate the copy,

ii. 195
interrogatory to prove a copy of an agreement having been delivered to

defendant, and what passed thereupon, ii. 196
interrogatory to prove as an exhibit a copy of a draft previously to any

alteration being made therein, ib.
interrogatory to prove as an exhibit a copy of an entry of slock in the bank

stock books, ii. 197
interrogatory to prove as an exhibit a copy of a court-roll, ib.
interrogatories to prove as exhibits copies of entries upon the court-rolls, ib.
interrogatories to prove as exhibits copies of entries in parish register books,

ii. 198
interrogatories to prove as exhibits copies of entries in the register books

of an ecclesiastical ollice for probate of wills, ii. 199
interrogatories to prove as exhibits copies of inscriptions on tomb-stones, ib.
interrogatory to prove as an exhibit a copy of hand-bills distributed fc^r

discovery of a person, ib.
interrogatories to prove as exhibits copies of judgments, ii. 200
interrogatory to prove as an exhibit a copy of an inquisition of luu^icy, ami

of the order directing a traverse, ib.

INDEX. 47^

COVY—contimicd.

interrogator)' to prove as exhibits copies of maps or plans and of a book of

reference, and that in the originals a piece of land and quarry were

comprised tlierein, ii. 200
interrogatory to prove as an exhibit a copy of a notice, ii. 201
interrogatory to prove as an exhibit a copy made by witness of notices

served upon the plaintifTs, ii. 209
interrogatory to prove as an exhibit a copy of a power of attorney deposited

at the Bank of England, ib.
interrogatories to prove as exhibits copies of records and original writings,

ii. 202
interrogatories to prove the registering of a deed by a copy of the register,

and the indorsement of such registration on the exhibit, ib.
interrogatories to prove as an exhibit the counterpart of a lease, and that

the same corresponded with a former lease, ii. 203
interrogatories to prove as an exhibit a copy of au entry in a book kept at

the navy office, ii. 221

COPYHOLDS.— (See Contents, vol. i. titles, Bills for Specific Performance

of Agreements ; Bills to cancel Agreements, S^-c. ; Bills of Foreclosure ; Bills

by, and against. Lords of Manors.)

statements in a bill of the admission of three sisters to copyholds, as co-
heiresses— the death of one of tliem, and the admission of the sur-
viving sisters (the defendants) to her share, i. 329

COPYRIGHT. — (See Contents, vol. i. tit. Bills to restrain the Infringement of
a Copyright.)

in what cases an injunction will be granted against an invasion of, i. 140, n.

CORN-MILLS,

Information and bill (in the nature of a bill of peace), to restrain the in-
habitants of a certain district from buying or bringing therein for the
purpose of sale, or consuming in their own houses, or using any corn,
grain, flour, malt, or meal, whieli had not been ground at the relators'
mills, which were ancient mills, originally parcel of the possession of the
Duchy of Lancaster: Praying also for an account of all the corn, \c.
used by the defendants in their houses, which according to the custom
ought to have been ground at the relators' mills, and to have a value
set thereon; containing statements of int'ornjatiiuis Hied by former pro-
prietors of the n)ills against the inhabitants of the district, the establish-
ment of the custom on the trial of issues directed by the court, and tho
decrees made in the causes, i. (51 1

having been kept in repair, statement of, and of persons being employed to
attend to the business thereof, i. G27

CORPORATION,

interrogatory to prove the manner of grantmg leases held under an eccle-
siastical corporation, ii. 177 ....
interrogatory to prove the seal of an ecclesiastical corporation allixcd to a

deed, ii. 203

CORRESPONDENCE, • , ., , r i ♦ i

interroo-atory to prove a correspondence by letters with the delendanf. and
the hand-writing of the letters if in the possession of ibe witness, and
any admissions made by the defendant on the same bcmg produced to
him, ii. 173

41^ INDEX.

COSTS,

prayer for, in bills, i, G3, 99

prayer that plaintifT, a trustee, may retain his costs out of trust-monies in
his hands, i. 438

statement (in a petition ) of a petition of appeal, praying that an account
might be taken of all expenses incurred by the petitioner in the investiga-
tion of the title, and to tax his costs of the suit, and for payment thereof
by the defendants, i. 671

directions in a decree as to costs, where there had been several former
hearings which proved fruitless, ii. 380. — ( See tit. Petitions.)

COUNSEL, — certificate of, to a petition for re-hearing two causes, i. 686

COURT ROLLS,

interrogatory to prove as an exhibit a copy of a court roll, ii. 197
interrogatories to prove as exhibits copies of entries in, ib.

COURTS OF EQUITY of INFERIOR JURISDICTION,

bill in the Lord Mayor's Court, London, for discovery in aid of the defence
to an action brought in that court ; the defendant having pleaded to the
jurisdiction, i. 509

bill in the Lord Mayor's Court, London, for a discovery of property in the
hands of the garnishees, in aid of an attachment, i. 511
(And see tit. Certiorari.)

COVENANT,

prayer to have a covenant contained in a deed of dissolution of partnership,
reformed according to the agreement of the parties, i. 194

CREDIT,

interrogatory to prove by a clerk the circumstances and state of credit of

a partnership firm and of the partners, ii. 173
a witness can only be examined as to credit, in contradiction of facts sworn

to, not material to what is issue in the cause, ii. 330, n.
examinations to credit can only be by order upon special application, ib.
evidence as to, taken upon the examination in chief, may be suppressed, ib.
no precise time witiiin which an examination as to credit is to take place, ib.
titles of interrogatories to discredit testimony of witnesses, ii. 151, 2
articles to discredit witnesses, ii. 330

CREDIl'ORS. — (See Contents, vol. i. tit. Bills by Creditors for Payment of
Debts.)

petition by, for leave to prove their debts before the Master ; the time
limited having expired and the Master's report having been confirmed,
i. 660
and their witnesses, interrogatories for examination of, ii. 276
decree on a bill by, ii. 370

CROSS-BILL,

to set aside an agreement for the conveyance of a piece of ground, i. 73
by the proprietor, tenants, and occupiers of certain lands on behalf of
themselves and others, against the vicar, patron, and ordinary of the
diocese, to establish moduses in lieu of tithes, i. 361
bill of revivor by the executor of the plaintifi" in, i. 540
may be filed in Chancery to an original bill in the Exchequer, i, 5S9, n.
statement, (in a petition ) of a cross-bill exhibited by the petitioners, i. 685
statement of a cross-bill praying that it might be declared that the plaintifls
in the original bill were not entitled to call upon the plaintiff in the cross-
bill to make good dividends received upon a sum of stock by a deceased
person, or that what he should be obliged to pay might be repaid him
out of the assets of such deceased person, i. 541

INDEX. 479

CROSS-INTERHOG ATORIES,

witness may be cross-examined to the same point to which he has been
examined in chief, but not to any new matter, ii. 319, n.

if left within forty-eight hours after production of witness at the seat of
the adverse clerk in court, the party producing him nmst keep him ia
town till his cross-examination finished, ib. ; {But see No. XXV of the
New Orders, p. 4ti8.)

witness refusing to be cross-examined, cause of exception to his testimony
ii. 3-20, n. r j,

objection to competency of witness on the ground of interest, not waived
by his cross-examination, ib.

as to witness having acted as auctioneer and the representations and com-
ments made by him respecting an instrument produced by him at the sale
purporting to be the lease or copy of the lease referred to in the par-
ticulars of sale, ii. 319

as to application made for a copy of the alleged lease, the delivery of a
draft lease, the objections taken thereto by the intended lessee, the
negociations which took place in consequence, the alterations which were
made, and the time when the lease was executed, ii. 321

as to the knowledge of a steward or land agent of the value and nature of
coal mines, in what capacity he was employed by the deceased owner
thereof, and as to his occupation in life previously thereto, ii. 322

whether a deed was read over to the grantor previously to his executing
the same, and whether he was aware of the terms or eflect thereof and
the mode of payment of the consideration-money, ib.

as to a party having executed a deed without its having been examined by
him or on his part, and in confidence that it had been fairly prepared,
ii. 323

as to the age and state of mental faculties of a steward or land agent, and
whether from attacks of palsy he was not incapacitated or unequal to
enter into a contract relating to coal mines, with a view to securing the
interest of his employer, ib.

as to the character of the hand-writing of letters, whetlicr the same was not
more indistinct and feeble than at an earlier period, and whether the
writer was not then in a feeble state of health, ii. 324

as to the due execution of a will, ib.

as to the republication of a will, ii. 325

as to the sanity and mental capacity of a testator, ii. 320

for examination of a party examined pro interesse svo, title of, ii. 327

CROWN,

commencement of suit on behalf of, i. 4

(And see Contents, vol. i. Chapter VI. tit. Informatiom.)

CUSTOM,

bill by the tenants of several manors parcel of another manor against flio
lord and his steward, to establish certain ancient customary rents and
fines and other customs, i. 338.— (And see tit. Dccrers and Decretal
Orders.)

for all tenants within a manor and two miles of certain corn-nnlls to do suit
and soke to the mills, and grind all corn, grain, and malt used wilbiu
the manor and two miles of the mills at the same mills, statement ol,
in an information and bill filed to establish the custom, i. «I2

interrogatories to prove customs of manors, ii. 174, 5, <», 7, «

DEAF AND DUMIJ PERSON,— commencement of bill on behalf of, i. 4

480 INDEX.

DEATH, — of parlies, witnesses, and others, interrogatories to prove, ii. ITO' "^^

DEBF,

interrogatory to prove debt due to the plaintiffs, ii. 180

tiiat a deceased person was indebted to the defendant,
applications made for payment, and the deceased's acknowledgments and
promises to pay, ib.

interrogatory to prove the debt due to the plaintiff according to the par-
ticulars contained in an exhibit, ii. 203

interrogatory to prove the debt due to the plaintiffs in respect of advances
made by them as bankers, ii. 223

interrogatory to prove the amount of debts due to exaniinants, ii. 276 ■ j =

DECLARATIONS, *

interrogatories to prove, respecting the renewal of a lease, ii. 163

relative to a person being present at the time an

agreement was entered into, ii. ir»9
interrogatories to prove, expressive of the intentions of a purchaser ia

making the purchase and in having the conveyances prepared, — also as to

his having altered his intentions with regard to the conveyances, and his

intention in making such alterations, ii. 171
interrogatories to prove declarations made by one brother relative to another

brother being in partnership with him, ii, 240, 1
inteirogatory to prove a declaration made by a person shortly before his

death respecting the plaiiUiil', ii. 241
interrogatory to prove declarations n>ade by the plaintiff respecting the

defendant, ii. 245
interrogatory to prove declarations made by a deceased person respecting

his nearest relations of the whole or half blood, ii. 24G
made by a person as to his having employed defenilant to purchase for him

an estate at auction, interrogatory to prove, ii, 2o2
interrogatory to prove a particular declaration made at a sale by auction,

ii. 254
interrogatory to prove declarations made by defendants relative to their title

to an estate, ii. 2GU

DECREES AND DECRETAL ORDERS.-(See Contents, vol. ii. Chapter
XVIL)

supplemental bill filed by infants, praying that they njay be at liberty to pro-
secute a decree made in a former suit and have the accounts thereby
directed prosecuted, charging tiie executors and trustees with neglect in
not having duly invested the trust-monies according to the will, i. 575

statement of a supplemental bill praying that plainliils niiglithave the benefit
of a former suit and the decree and proceedings therein with liberty to
prosecute the same, that the rights and interests of the plaintids might be
ascertained and secured, and that they might be declared entitled to have
a sum of £GG(J6 stock raised, and that certain funds might be applied
towards raising the same, and the deficiency raised out of the testator's
real and personal estate, ii. 425, 7

statement (in an information) of a decree directing a reference to the
Master to see that a proper license was obtained to enable the relators
to purchase in mortmain, and directing an estate to be conveyed to the
Master and Fellows of a College subject to the trusts of the will, with
power to let the estate at rack rent, i. GOO

statement (in an information and bill) of a decree declaring that all tenants
of any of the king's manors ought to grind all the corn growing on their

INDEX. 481

DECREES AND DECRETAL ORDERS-confi/jMcJ.

lands or used in their hotises at his majesty's mills, and so also at such
mills when in the hands of ree-lanners or patentees, and decreeing that
the defendant to an information and bill should do suit and grind his
corn at the relators' mills, i. 014; also statement of the decree made oa
the rehearing, confirming the former decree and extending it to all corn
growing or bought ungronnd and brought into the manor and spent in the
defendant's liouse, and directing the defendant to pay the relator twenty
nobles for costs, p. 616; nud statemeiit of a subsequent decree declaring
the custom to he well proved, and what tolls should be paid for grinding
wheat, oats, malt, peas, &g. p. 622

statement of an order directing a surviving executor to transfer stock into
the Accountant-General's name, the dividends thereof to be paid to
the testators daughter for life, i. 650

statement (in a petition) of a decree declaring a will well proved, and
directing the trusts thereof to be performed, the testfftor's estates to be
sold, the purchase-monies to be paid into court, and an account to be taken
of the incumbrances, i. 653

statement ( in a petition ) of an order directing a share of sums of stock to
be carried over to the separate account of the petitioner, i. 657

statement ( in a petition) of an order directing a reference as to title, with
liberty to the Master to state special circumstances, i. 667

statement ( in a petition ) of an order directing reference to the iNIaster to
inquire whetlier all necessary parties were ready to join in a conveyance,
and if so, to settle the same, with liberty to state special circumstances,
i. 671

statement ("in a petition) of an order directing a reference to the Master to
settle conveyances, and upon the execution thereof by the time fixed,
purchase-money to be paid as the court should direct ; and in case the
same should not be so executed, purchaser to be discliargod. i. 672

statement ( in a petition ) of several orders enlarging the lime for completing
a purchase and executing the conveyances, ib.

order of the Lord Chancellor directing causes to be reheard before the Vice
Chancellor, i. 680

statement ( in a petition) of a decree dismissing cross cause with costs, and
directing the defendants in the original suit to surrender copyhold lands
to the p'laintifis, also declaring the construction of an agreement relative
to the erection of a wall to be built by the plaintills; no costs given in
the original cause, i. 685

statement ( in a petition) of a decree directing t'ae defendants to assign pre-
mises to the plaintiff" and to deliver up the subsisting lease, the assignment
to be settled bv the Master in case the parties dillered, the injunction
which had been granted ordered to be continued, and the defendants to

pay costs, i. 700 „ . . i

statement of an order enlarging the time for completing conveyances and
directing, upon certain acts being done, the f.dl amount ot the purchase-
money "excepting two small sums) to be paid into tl.c Hank, NUthout
prejudice to the purchaser's claims for costs and .idapidations, also
directing part of the purchase-money to be carr.e<l over to a scprnat.^

P

the rents, ii. u 12

Vol. ii. " "

482 I N D E X.

DECREES AND DECRETAL ORDERS— cow^mMec/.

statement of a subsequent order varying the time for payment of the pur-
chase-money, ii. 343

statement of an order directing an account to be taken of the interest due
on two legacies charged on an estate, and of the rents received by the
defendants, also directing the estates to be sokl and an infant heiress to
join on her attaining twenty-one, the purchase-monies to be paid into the
Bank, ii. 352

statement of an order directing the payment of the interest due on two
legacies and also of the legacies in five shares, the Master to tax the
costs of all parties, also directing a sum of stock to be sold for the pay-
ment of the legacies and costs, also directing certain sums to be invested
in the purchase of stock to the separate account of an infant, and the
dividends to be laid out to accumulate, ii. 354

DEEDS. — CSee Contents, vol. i. tit. Bills to cojnpel the Delivery of Title-deeds.)

referred to in a schedule to an answer as being in defendant's possession,
plaintiff entitled to inspection of, i. 80, n.

in what cases a plaintiff must establish his title to the property at law before
he can come into a court of equity for the delivery of, i. 204, n.

an heir out of possession, entitled to a discovery of, to support his legal
title, butif the delivery thereof is prayed, the bill is demurrable, ib.

in what cases an affidavit must be annexed to a bill praying a discovery of, ib.

bill by tenant in tail to iiave possession of certain estates with the title-
deeds delivered up to him, and for an account of the rents received by the
defendants claiming under a recover}^ alleged to have been suffered, i. 204

bill by a devisee against the testator's widow and her solicitor, to have the
title-deeds relating to the devised estate delivered up, i. 200

mortgagee omitting to take, under what circumstances postponed, i. 240, n.

prayer that defendants may be directed to produce all decrees, deeds. See.
relating to the customs of manors, for the perusal of plaintiffs, antecedent
to a trial at law, i. 350

praver that defendants may deposit all deeds, &c. in the hands of the Master,
i.' 375

prayer for delivery of, in bills of partition, i. 370, 380

bill praying that indentures of settlement may be deposited with a Master,
with liberty for the plaintiffs to give them in evidence in an action of
ejectment, i. 505, 508

supplemental bill filed by a surviving trustee against a new trustee in the
room of a deceased plaintiff, praying that the defendant might be decreed
to join in all acts necessary to obtain possession of title-deeds, i. 528

statement of a bill filed by trustees, praying that the defendants might
deliver up certain deeds. Sec. plaintiffs offering to discharge any lien which
the defendants, as solicitors, might have upon them, i. 520

prayer of a petition by a purchaser to have deeds delivered out, i. 665, 676

statements in answers admitting execution of, ii. 17, 44, 45, 46, 68

demurrer to so much of a bill as sought a discovery of, for want of affidavit
annexed, ii. 76

interrogator}' to prove destruction of, and when witness saw or heard them
read, ii. 160

interrogatory to prove preparing of, for carrying an agreement into exe-
cution, and the circumstances attending the preparing and engrossing
thereof, and their execution by a particular party, ii. 172

interrogatory to prove witness being in possession of, and fioru whom re-
ceived, ii. 181

INDEX. 483

DEEDS — continued.

interrogatory to prove the fiuding of old deeds, and in whose custody the
same have been, ii. 181

interrogatory to prove by whom deeds were brought to a person to be exe-
cuted, whether read over to him or on his behalf, whether witness was
requested so to do, and the understanding at tbe time of execution with
regard to the premises comprised therein, \\. 182

interrogatory to prove what the person who brought the deeds to be exe-
cuted said which led witness to believe that the conveyance had been
prepared according to the instructions given, and to be less careful in
examining the same, ib.

interrogatory to prove that the person who brought deeds to be executed
showed great anxiety to have them executed, and the inference witness
afterwards drew therefrom, and when first, ii. 183; also to prove how
witness happened to be present at the execution, p. 185

interrogatories to prove matters with regard to the procuring a conveyance
to be altered or corrected, ii, 184

interrogatory to prove the seal of an ecclesiastical corporation affixed to a
deed, ii. 203

interrogatories to prove the execution of, by subscribing witness or wit-
nesses,— also to prove receipts indorsed on, ii. 203, 4, 5

interrogatory for discovery of deeds, &c. in possession of witnesses ex-
amined before the Master, ii. 297, 8

part of an order directing delivery of deeds and attested copies, and the
execution of deeds of covenant for production of, ii. 370

DEMURRERS.— (See Contents, vol. ii. Chapter XII.)

claim by defendant of the same benefit from his defence by answer as if he

had demurred, ii. 68
observations on the frame of, ii. 72

DEPOSIT,

of purchase- money in a bank, and of its laying there without producmg
interest, statement of, in an answer, ii. 17

DILAPIDATIONS, . ,

prayer of a petition for a reference to the Master to take an account ot the
dilapidations on the estates, and deterioration in value of the lands by
neglect of management previously to the petitioner taking possession,

i. 665, 675 ^ r * ,i

statement of, in a petition by a purchaser, and prayer for a reterence to the
Master to take an account and valuation of, ii. 345, 347

DISCLAIMER.— (See Contents, vol. ii. Chapter IX. Sect. 5. tit. Aimcers and
DtscldztyiGTSt I

answer and disclaimer accompanying a plea, ii. 98.-(And .see Wi. Executors.)

DISCOVERY-(See Contents, vol. i. Chapter HI. Sect. 2. V\L Bills for Dis-
covery.)

observation on bills for, i. 483

DISPUTE,

interrogatories to prove, with regard to the payment ot a sum ..I nwrncy,
the agreement to refer (o arbitration, the award made, and tlie delcnd-
ant's acquiescence therein, ii. 1B5

H 11 2

484 IN D EX.

DIVIDENDS, > '

interrogatory to prove receipt of, by plaintiff, ii. 180

interrogatory to prove the custom at the Bank of England of retaining
powers of attorney to receive dividend^, ii, 20;l,v7--(iA^fl(isee,titt§^ C^ow-
hiil. Slock.) fjfTfio- grTthajt^m^nf -HI ia'iasinj J*^ snifisiJ gao?T.')q lij;

' .n .f£S A
DOWER.-CSee Contents, vol. i. tit. Bill for Dower.) r.^, .^r^ . :^tV, * y^

statement of a defendant having brought a writ of, the biir ^plrayifc^'Tcr re-
strain her proceedings at law, i. 210

from what time a widow is entitled to an accoaot, i. 212, a»'^'-V'ii '-ici j-/. x

on a bill for, costs do not follow, ib. ,j, u : rv::. to Sa^niaJBia

bil"! for, against the deceased's heir at law and his other children and bis
executors and devisees in trust, praying also to be declared entitled to an
annuity given by the deceased's will, the defendants insisting that the
plaintiff ought to elect, i. 212

prayer for, and for compensation for the value of the plaintiff's dower out
of such part of the testator's estate as was directed to be sold in her life-
time, i. 216

charges in a bill for, the defendants alleging that a sum due on bond was

^f I ^ intended to be discharged by the bequest of a legacy and an annuity, and

that the annuity was intended to be in full satisfaction of her dower, i. 217

decree for, out of freehold and copyhold lands, ii. 371

decree declaring widow to be barred of dower, ( she having elected to take
800 A .. under a settlement) also directing her to execute a proper release, ii. 405

DRAFT, '";;:;;,.

interrogatory to prove as an exhibit a copy of a draft pirevTotisly to any
"^"^ ' ~" alteration being made therein, ii. 196 ,j n/oj*

EJECTMENT sf"'{'^'"^ ,iifd-fc«n'ty- e. lo jnomajBi?.

statenjent of defendant having brought ejeCitflieiifs 'arf^ abtibhs agaitn^l tenants,
and levied distresses, i. 436

statement of plaintiffs having brought an action of, i. .508

brought by lessor to recover possession of premises agreed to be let to the
plaintiff in equity, statement of, i. 525

statement of an action of ejectment brought by a devisee in the names of
trustees and executors, i. 699

plea to an ejectment bill negativing the averment'' d^ 'to their being out-
standing leases, ii. 104 '^'^"^ "I *f"^Jfi^ V- l-"J'^-'?ni
JHB .n%i- ' •trffifin's'^flb »fn»n'>'»xft vd noi^aimblp
ELECTION,

prayer that defendants may elect either to accept the benefits given by a
will and to confirm the will, or to renounce in favor of the plaintiff the
benefits given to thera, i. 316. — (And see tit. Dotcer.)

■PTNJTTJV" '■><i'*^'l y"i U3S!^0^80fJ buK fttfrlBg 3liJ D'370iq ^lll/«rf

of stock in the bank boolTsi ihteVrOgatbrj to proV^eV ii. l97 '^ ^., ,
interrogatories to prove copies of entries on the court rolls, ib»" ,.

bib liUarBlq l" P^,"^^ register hooks.^ii. 198
j ;, ;•- in the register books of an eccle-
siastical office for probate of wills, ii. 199
interrogatories to prove the hand-writing of entries in books, and whether

correct or not, and by whose direction made, ii. 216, 7
interrogatory to prove a copy of an entry in a book kept at, the navjr office,

ii, 221 ; , -, r^oTfT-^ri'

interrogatory to prove entries in partnership books, ii. 242 ' ^

INDEX. 485

EQUITY,

demurrers for want of, ii. 74, 75, 77, 80
r^ demurrer to supplemental liiil for want of, ii. 92
EQUITY OF REDEMPTION,

all persons having an interest in, necessary parties to a bill of foreclosure,
i. 221, n.

EXAMINATIONS.— (See Contents, vol. ii. Chapter, ;^WI.)'

observations as to framing, ii. 123, n. | Vc .i^riibc^
EXCEPTIONS.— (See Contents, vol. ii. Chapter XIV.)

statement of exceptions taken to an answer ami allowed, i. 535
.,.j; forms of, to answers, ii. 133, 135, 13(; •;

observations as to framing exceptions to answers, ii. 133, n., 135, D.
.; forms of, to reports, ii. 139, 140, 142, 145, 14(J, 147

observations as to framing exceptions to reports, ii. 139, n.

'lEXECUTORS.— (See tit. Stock.)

'"■ statements and charges in bills of executors having misapplied testator's
monies, in bills for account against, i. 121, 192, 277, 304

■ statement of one only of several executors having proved a will, and also

■ ' of his bankruptcy, in a bill by creditors against all the executors, i. 173

poverty of, no ground for appointing a receiver, i. 289, n.
must deposit papers and writings in their hands for the benefit of the par-
! f; .? .. jjgg interested, i. 295, n.

SOI -s^tatement of renouncement and disclaimer by executors and trustees, i. 303,
534, 563
statement in a bill of an executor admitting a balance in his hands, payment
thereof into court, and investment thereof in the name of the Account-
ant-General, i. 520
statement of a cross-bill, praying that it might be declared that the plain-
tiffs in the original bill were not entitled to call upon the plaintiff m the
" "; " cross-bill to make good dividends received iipun a sum of stock by a de-
ceased person, or that what he shoidd be obliged to pay might be repaid
him out of the assets of such deceased person, i. 541
statement of two executors having proved a will, that one alone acleil, and
^„, ,.,^ received and applied the personal estate, and of large arrears being duo
from him at his death, i. 504
prayer that executors may be charged with monies neglected to have been
invested bv them, i. 579 , ... i i . i

admission by executors defendants, of the testator s will and probate, and
their possession of personal estate, for which they submit to account, but
whether sufficient to answer plaintiff's demands cannot slate, ii. 21
^di aj^admission by an executor, being also the testator's ii.ir at h.w o» Ins w.il
and codicil, setting forth the will more fully than slate.! m the l.dl, also
of his having proved the same, and possessed the personal estate ami
received the rents of the real estate, ii. 28
admission by defendants of having pro^ed^ and possessed assets, ii. -.», .M,

32, 34, 35, 48 , .. i ii . i

demurrer on the ground that plaintiff did not appear by the bdl t.. base

■'-''■■' proved the will of his testator, ii. 81 ,.•...• n ;..

. .demurrer on the ground that plainliff had not proved bis testators «dl .n
Ai^iiisd. ^,,^ pj.^jp^.p r^cclesiastieal Court, lb.
^ plea bv. of will and probate, ii. 90

|)lea that defendant is not, ii. 95 , . <• «i „ iii..cf..r ii'>8-i
Interrogatories for the examination of executors before the Master, ... -M,

294

48G INDEX.

BXECVTOUS—continned.

interrogatories for further examination of executors pursuant to a decree,
ii. 295

EXHIBITS,

interrogatories to prove, ii. 186, 210, 236, 243, 278
interrogatory to prove the contents of an exhibit, ii. 195

EXPENSES,

interrogatory to prove the average annual expenses of the family of a de-
ceased person who was in his life-tirae employed as a treasury messenger,
and as to declarations made by him as to what one child, not resident in
his family, annually cost him ; also to prove the manner in which he
usually travelled, and at what expense, ii. 213

interrogatory to prove whether a person had other means of providing for
his family, besides what he received as a treasury messenger, ib.
FAMILY,

interrogatory to prove conversations or declarations relative to the deceased's
family and relations, or property to which he considered himself entitled,
ii. 109

inquiry as to the members of a family in proving a pedigree, ii. 214
FARM,

interrogatory to prove when alteration was made in the out-fences of two
farms, whether rent was paid as for two farms or as one farm, and whe-
ther one person attended at the rent-receipt day, and at the dinner given
to the tenants, as sole tenant of the two farms, or whether two persons
attended as tenants ; also to prove whether previously to a particular
year taxes and rents were assessed as for two farms or as one farm, and
whether the farms were reputed to be one farm or two farms, ii. 215

interrogatory to prove knowledge of farms occupied by defendants, ii. 232
FELONY,

demurrer to so much of a bill as souglit a discovery which might subject the
defendants to a charge of compounding, ii. 83

FEME COVERT,

commencement of bill by, where her husband is made defendant, i. 3

bill on behalf of, cannot be brought without her consent, ib. n.

petition by, (with others) praying that lier share of a sum of stock may be

transferred to ber husband, together with dividends accrued due, i. 648. —

(And see tit. Commission.)

FENCES, — of farms, interrogatory to prove when altered, ii. 215
FIERI FACIAS, — statement of the issuing of a writ of, i. 166

FINE,

statements of fines being levied, i. 509, 510

and non-claim, plea of, ii. 100

cannot be pleaded in bar to a bill filed by tenant in tail to prevent the set-
ting up of an ouisfanding term on the trial of an ejectment, ii. 100, n.
(The case there referred to has been since reporied, 1 Sim. p. 349.)

interrogatorv to prove the practice of the Duchy Court of Lancaster as to
the mode of proceeding there adopted to bar the operation of, ii. 216

interrogatory to prove destruction of records of lines levied during parti-
cidar years, including the record of a fine levied of the premises in (jues-
tion, ii. 248

INDEX. 487

FOOTWAY,— informatioa to restrain the breaking up of, i. 589

FORECLOSURE.— (See Contents, vol. i. tit. Bills of Foreclosure.)

prayer to have a mortgage security assigned, and in default of payment for

a foreclosure, i. 33
, as to the necessary parties to bills of, i. 219, n. et seq.

mortgagee of copyhold not in possession may before admittance brinsr a

bill of, i. 232, n.
prayer for foreclosure of a term of years for raising portions, in default of

payment by defendant, i. 399
statement of a bill praying, i. 553
bill of revivor and supplement for, ib.
decree for, ii. 372
short recital of prayer for, ii. 420

FORFEITURE,

by waste, and all penalties ought to be waived in a bill for restraining waste,
i. 454, n.

FORGERY,

of the names of the plaintiff and other persons to false bills of lading,
statement of, in a bill, i. 495

order declaring an account to have been forged, and recommending a pro-
secution for forgery, ii. 396

FREE-BENCH,

interrogatories to prove customs of manors with regard to, ii. 178
interrogatories to prove misrepresentations made to persons viewing a copy-
hold estate, anrl also upon the sale thereof by auction, as to a widow's
right to free-bench, ii. 253

GIFT,

interrogatory to prove the purchase of stock by deceased persons as a gift
for the plaintiff, and the transfer thereof after the death of one of them
into the name of the plaintiff, ii. 241

GOODS,

sold and delivered by plaintiff to defendants, interrogatory to prove, ii. 210
interrogatory to prove the amount due to examinants for goods sold and de-
livered, ii. 277

GUARDIAN.— (See Contents, vol. i. Chapter VII. tit. Petitions.)

prayer for appointment of, of infant plaintiffs, with allowances for their main-
tenance and education for the time past and to come, i. 2GG, 375

HAND-BILLS,

interrogatory to prove as an exhibit a copy of hand-bills distributed for
discovery of a person, ii. 199

HAND-WRITING,

interrogatory to prove knowledge of, ii, 222

of particular words contained in an exhibit, interrogatories to prove, ii.
255.— (And sec titles Entries; Letters.)

HEIR AT LAW,

of a testator, statement of, in a bill, i. 183

and also customary heir, statemcut.s of, in bills, i. 472, 5:m

488 INDEX.

HElll AT LAW~co7ititiued. < . •

out ot" possession, entitled to a discovery of deeds necessary to support his

legal title, or to have terms put out of his way, i. 204, n., ii. 100, n.
disputing a will, alleajatlon as to, in a bill, i. 215, 295

charges in a bill relative to the heirs at law of several persons disputing
the dispositions made by their wills of monies directed to be laid oat ia

lands, i. 313 :..,;,,(„■>, ;;■ -..■■u,-:- ,?:^^ni^

pretences and charges where will is disputed by, i. 321, 469, 473

statement of heiress at law born after the decease of her father, defendant

to a bill of foreclosure, i. 553 . .--1 -. .. ; ... ■

an infant, answer of, to a bill by creditors, ii. 36 - ihif loi ittYiit'i
plea by, that he had no lands by descent, accompanied by an answer ad-
mitting that he is, ii. 103 loi '?&f
interrogatories to prove, ii. 217

decree declaring real estate to have descended to, ii. 402. — (And see Con-
tents, vol. i. Chapter IV. Sect. 3. tit. Bills of Revivor and Supplement.)

HEIR-LOOMS, — prayer for directions as to, i. 281

HIGHWAY, ^t>i;*iu,^y ^^. .1.4...^-.^ V. w^.«^i.^» .

information to restrain the obstracting anff brektiing up a public road, i. 592

IMPROVEMENTS, , = '

interroga'ories for account of monies laid out in lasting improvements, ii.
301, 2
INCLOSURE, i .3 ,hvBii ^d banieJii :

of common lands, interrogatory to prove that the? '^(iW'toP'^flia'nbr assented

to, ii. 218 " ^i'f' .^» «i ^^'''

interrogatory to prove that the inhabitants or land-d\^Diers within a town-
ship had agreed to the inclosure of tiie common lands, and when the
inclosure was likely to take efl'eGt> ib; ; '"' ,

-.ii -iU.f,ha!ilf}b T oJ >t6i

INCUMBRANCES, ..,.;•>■,. .^

allegations in bills as to, i, 225, 230, 234;, ?40-?TT(And see t\i. Juterrogatories.)

INDEMNITY, — against plaintiiF's claims, charge in a bill relative to, i. 19

INDUCTION,

interrogatory to prove as an exhibit the mandate of induction under tlie
bishop's seal ; also to prove the hand-writing of the indorsement thereon,
and whether the plainliH" was duly inducted, and when and in whose
presence, ii 208

interrogatory to prove institution and induction, li. 2i2b'

INFANT. —(See Contents, vol. i. Chapter IV. tit. Svppkmputal Bills, and
Chapter VII. tit. Petitions; see also postea, titles, Svpplemeutal Bill; Tenant
in Tail.) ggg j ^ssgasfJaih

commencement ot a bill on behalf of, i. 4 ., » .» ^.^-^ •{^yst,;

consent of, <jot necessary to a bill filed in his name, i..4,-!,n5^3^ j^

bills by, for payment of legacies unnecessary, i. 2(35, n. ^

statement of the person of an iiifant being identified, i. 475, 478

mode of framing the answer of, ii. 3, n, 7, u., 30

answer of, cannot be excepted to for insulliciency, ii. 36, n.

mode of framijig answer where adult and infant defendants join, ii. 39

INFORSIATION.— (See Contents, vol. i. Chapter VI.)
commencemeat of, i. 5

cannot be dismissed uithout the consent of the Attorney-General, i. 5, n.
statement of an infonuation filed to establish a devise of an estate to a

college, i. CJUO :; .;:.. ;:i.. .. , :^a r-i^l-ii

IN D E X. 499

IN FORMAT lON-conhnwerf.

statement of an information and bill filed to establisb the cnstom to srind
malt, corn or grain, at the relators' mills, and to have all other mills
suppressed, i. 612, 020
interrogatory to prove that plaintiff informed one of the partners of defend-
ant T. R. C. that he had entered into an agreement for purchase of pre-
mises, whether the agreement between defendants was then concluded,
and whether witness informed T. R. C. of what he had heard, ii. 257

INJUNCTION,

prayer for writ of, to restrain proceedings at law, i. 7
'•''^ "i waste, ib.

prayer for, to restrain defendant from bringing an ejectment, i. 19
bill for, to restrain proceedings at law upon, and the negotiating of a bill of
^n<r^ ^ exchange, 35

!.; bill for, to restrain proceedings on a foreign attachment in the Lord Mayor's
Court, or any other proceedings at law, and to restrain the negotiating
a bill of exchange, and also to restrain the garnishee from paying over
monies in his hands, i. 41
' -«^> ' ijili for, to restrain proceedings at law upon a bond and promissory note,
and also to restrain the defendant from entering up judgment on a war-
rant of attorney, i. 50
bill for, by merchants, to restrain proceedings at law upon certain contracts
obtained by fraud, i. 54
i ; ,.. bill for, to restrain proceedings at law on certain bonds executed by the

plaintiff, i. 64, 96
-nwoi t; '^'I's for, to restrain proceedings in actions of ejectment, i. 77, 235, 350, 525
mii n'x bill for, to restrain assignees from proceeding at law in an action of trover
to recover possession of title-deeds, i. 80
prayer for, to restrain the defendant from digging clay or gravel, and making
bricks, or committing waste, and from making underleases or assign-
( ■ ments (the bill being filed to set aside a lease), i. 99

bill for, to restrain the defendants from taking ont execution on a judgment
entered up ou a warrant of attorney for securing an annuity, i. 108
,. 1 bill for, to restrain the selling of a pirated edition of a book, i. 140, 146
.bill for, to restrain publication of a trial, i. 146
'■"'^'^j'*'*'" prayer for, in a bill by creditors, to restrain executors from collecting out-
azoilw standing personal estate, and receiving cotton consigned to one of them,

who had been the testator's agent and consignee, i. 178
prayer for, to restrain a widow from proceeding in a writ of dower, i.211
bas ,?\Ssn I proceedings in actions for rent, i. 251,255, 256

^KTi«:iT V.r an action of ejectment, and the levying

distresses, i. 256
prayer for, to restrain executors from receiving personal estate or the rent*

of real estates (in a bill by legatees), i, 284,315, 319
prayer for, to restrain the felling timber trees, and committing waste, i. 324,

463
prayer for, to restrain the working of coal-mines, and disposing of coal and
other minerals, i. 337
-■'^ prayer for, to restrain the sale and tninsfers of stork, i. 370, 375. 141

receiving partnership (h-bts, i. 385, 387, 389, 391
selling partnership stock, i. 394
trustees from acting, i. 432
& oi 9iBiiS a defendant from proceeding at law against tenants,

~ ;ind receiving rents or intermeddling with the trust premises, i. 138

490 INDEX.

INJUNCTION -cow/mwe(/.

prayer for, to restrain proceedings in actions against underwriters, i. 447,
453

bill for, to restrain the defendant from ploughing up fields and committing
waste, i. 454

prayer for ( in bills for discovery ) to restrain proceedings in actions, i. 492,
505, 552

statement of prayer for, to restrain the defendants from delivering up deeds,
i. 529

statement of, obtained upon affidavit before answer, to restrain proceedings
at law, and service of the same on the defendant's solicitors, i. 548

prayer for, to restrain a defendant, a testator's heir at law, from applying
to the Crown for a charter and licence for the purpose of founding a
college, i. 571

statement of an injunction obtained to restrain the transfer of stock, i. 581

statement of a perpetual injunction granted to restrain all tenants, &c.
within a certain district, from erecting or using any mills to the prejudice
of the soke and suit to be performed by them to the corn-mills belonging
to the relators; also to restrain them from grinding any corn, &c. had
upon their lands or consumed in their houses within the district, at any
other than the relators' mills ; also to restrain them from buying or
bringing within the district, for the purpose of sale, any corn, &g. or
from using the same in their houses, or making, baking, or brewing any
flour, meal, or malt, not ground at the relators' mills, i. 623

prayer for, to restrain defendants from buying, bringing, selling, consum-
ing, or using within a certain district, any corn, grain, flour, malt, or
meal, other than such as should be ground at the relators' mills, i. C3G
INSCRIPTIONS.

on tomb-stones, interrogatory to prove, as exhibits, copies of, ii. 199

INSOLVENCY,

charge of, in a bill, i. 38

of plaintiffs, and of several meetings of their creditors, statements of, in

a bill, i. 134
of a defendant, statement of, in a bill, and of the meeting of his creditors,

and the assignment executed to a trustee for them, i. 1G9
of a mortgagor, and of an assignment under the insolvent debtor's act,

statement of, in a bill, i. 238
of a defendant, and assignment made under the insolvent debtor's act to

another defendant, i. 521
interrogatories to prove conversations respecting a bankrupt's affairs, and

an assignment made by him, when insolvent, and a composition then

proposed to his creditors, ii. 170. — (And see tit. Bankrupt.)

INSPECTORS,

statement in a bill of a resolution made at a meeting of the creditors of
insolvent partners, to appoint inspectors, and of their having taken upoa
themselves the management of the affairs, i. 135, 7. — ( And see tit. Com-
position. )

INSTITUTION,

interrogatories to prove, ii. 220. — ( And see tit. Induction.)

INSURANCE.— ( See Contents, vol. i. tit. Bilk by Underwriters.)

charge in a bill by creditors, that an insurance ought to be effected on a
consignment of cotton, and prayer that the receiver may be at liberty
to insuic the same, i. 175
fraudukn'ly ublaiucd, may be set aside, i. 413, ii;

INDEX. 4ai

INTER ESSE SUO,

titles of interrogatories for examination of a person pro intn-esse suo, ii. 150
151 '

interrogatory for examination of a person pro intercsse suo, ii. 318
title of interrogatories for the cross-examination of a defendant, examined
pro inter esse suo, ii. 327

INTEREST,

a general interrogatory may be exhibited to every witness, whether he has
any interest, ii. 328, n.

a witness becoming interested after his examination, his depositions may be
read, ib.

interrogatory as to witness being interested in the event of the suit, whether
be is not defendant in an action of trespass in which the title to the
lands in question is depending, whether a verdict was not found for the
plaintifis at law, and whether execution is not stayed by injunction, ii. 328

interrogatory as to whether witness has not become a co-partner with the
plaintifis in the concern carried on by them, and whether he does not
claim a beneficial interest in the lands, the title whereto is in issue be-
tween the parties, ii. 321)

interrogatory as to whether witness has not an interest in the establishment
of the will in question, ib.

interrogatories for the examination of a witness on the voir dire, as to his
being interested ia the performance of the agreement in question, or iu
the event of the suit, or as to his being under any obligation to pay or
• secure the defendant's costs, ib.

INTERPLEADER.— ( See Contents, vol. i. tit. Bills of Interpleader.)
what is sufficient to sustain a bill of, i. 248, n.
rule as to costs of a bill of, ib.

demurrers to bills of, for want of affidavit annexed, ii. 77
the word ' interplead' not absolutely essential to be inserted in a bill of, ib. n.

INTERROGATORIES,

for the examination of witnesses in chief, forms of, ii. 154, 273

forms of titles to, ii. 148

form of the first general interrogatory, ii. 152

forms of the concluding general interrogatory, ii. 153

observations as to framing, ii. 154, n.
in bills,

introductory words to, i. G

interrogating part unnecessary in bills to perpetuate testimony, i. 470, n.

relating to sale by auction, purchase by private contract, the title to tho
estate, and the purchase-money lying unproductive, i. 15

relating to applications made to the defendants, and the consideration of a
bill of exchange, i. 48

relating to pecuniary dealings betwee»5 the plaintifi' and defendant, and as to
books, accounts, <^c. in the defendant's possession, i. 71

relating to an agreement set up by defendants, i. 7(»

relating to the execution of deeds, the acceptance and payment of l)ills,
sale of an estate by auction, commission of bankrupt, proceedings, in-
terest of monies employed in trade, and for account of dealings, Ac. i. IKJ

for a discovery of the number of topics of a book sold, and the prices and
profits produced therel)y, i. 148

as to a defendant's claim to a niorlgiigc, i. 187

492 INDEX.

INTERROGATORIES— co7i?mMed. " " - T^^H

in bills,

as to trust estate and effects possessed by the defendants, and their appli<

cation thereof, i- 198
for a discovery of the separate estate of the bankrupt, possessed or applied

by assignees, i. 199
for an account of a testator's personal estate, and the application thereof
by the defendant, and also of the testator's debts, and what remain unpaid,
also of his money out at interest, and on what securities, the interest and
dividends accrued due in respect of the personal estate, and the monies
received by the defendant; also of the mortgages and incumbrances af-
fecting the testator's estate, and in whom vested ; also for an account of
i»,^l.!itestator's real estates, the rental thereof, and of the rents and pro6ts
' received by the defendant; also as to the rental of a particular manor,

and the fines set and payable upon the renewal of any leases, and all
other casual profits, and of the monies received in respect thereof, and
from whom, i. 200
for the discovery of a testator's estates, the rental thereof, and the rents

received by the defendants, i. 215
for a discovery as to the claim of a mortgage set up by a defendant, and

as to the incumbrances affecting the mortgage premises, i. 225
as to incumbrances prior to the plaintiff's security, and also as to the claim

on the part of a subsequent mortgagee, i. 231
relating to a claim made by a defendant as mortgagee, the validity of his
security, his being arrested for debt, and his knowledge of the agree-
ments for a mortgage executed to the plaintiff, i. 244
for discovery of deceased's personal estate, and the application thereof,

i. 261, 537, 50 1 ; and also as to debts, i. 286
for account of executor's receipts and payments, and of property subsisting
giii ,1',L' in specie, and also as to books, accounts, i. 295

as to books, accounts, maps, rentals, &c. i. 307, ii. 290
for account of testator's real estates, and the rental thereof, as to the time
-ii ivJA J.the defendants have been in possession, or any other persons, and by

what right, i. 317
S>2 '^n9S to the incumbrances on the estates, and in whom vested — as to the rents
i^ii'Az'j 1 received by the defendants — also for discovery of the personal estate,
the application thereof, and the amount undisposed of — also of the debts
©jf5 . : r due from the testator, and on \vhat securities, and what remained due,
cjfj also as to title-deeds, accounts, &c. i. 318

=-Qt .for discovery of deeds, receipts, &c. relating to the payment of an ancient
^9S"3oab rent, and of the lands subject to the payment thereof, i. 328

relating to the admission of copyhohl tenants, the opening and working
hnB ,'ioof seams of coal, i. 333; the applications made to the defendants, the
destruction of boundaries between the latids, p. 334 ; the admissions made
1o slfig ft>y the defendants as to procuring the coal, also as to the value of the
lands per acre, to be let, and as to a lease alleged to have been granted;
°9b 1o rp. 335; also as to plaintiff's title to the coal, and to an account, the quan-
.tibesb 1 tities of coal procured, the monies produced by sale thereof, and the
.rji fifi ofc quantities of coal remaining unsold, i. 336

for discovery of the lands occupied by the defendants, and their being seised
of the impropriate rectory, and as to the payment of nioduses, i. 355 ;
hiii also as to the payment of tithes in kind, p. 356 ; as to the accounts kept

"'?•'.- by a former rector, and their beitig in the custody of the defendant, and

upon what grounds he disputes the validity of the moduses, p. 357 ; also
as to books, papers, Ac. in the defendant's possession, and as to alter-
ations and erasures made in them, p. 360 '^'i'" **»*' •

I N D E X. 495

INTERROGATRIES-con<m«crf.

in bills,

for discovery as to tithe-books in the defendant's possession, which belonged

to the former vicars, as containing evidence of the payment of moduses;

bQtUi^i also tor discovery of the grounds upon which other defendants disputed

the vahdily thereof, i. 3G5
io Tjfqr discovery of books, &c. relating to moduses, i. 3G6
Jiifiqior au account of monies received in respect of the rents and produce of
baa ,t; a West India estate, i. 413

asiaofts to plaintiff's title, as rector, to tithes, the occupation by defendant of
=1k g? lands, and for discovery as to the titheable matters, i. 418
!■[} jfias to exemption of tithes claimed by defendant, i. 424

gjfb-jrelating to the plaintiff having received on board his ship quantities of
.-JOHsr dollars, the signing of bills of lading, entries in the ship's manifest, the
Sk ba/ arrival of the ship, and delivery of her cargo at the bank, the applications
hiiR ,; by the parties entitled, the forgery of the names of the plaintiff and other
persons to false bills of lading, an action brought for recovery of the
sinat value of an alleged shipment of dollars, applications made to tbe defend-
ant for the particidars of his demand, and requiring the defendant to set
has t iorth all the particulars and circumstances relative to the alleged ship-
ment of dollars; also as to the plaintiff's witnesses being resident abroad,
mhh i. 498, 504

relative to an action brought against the plaintiff, and for a discovery of the
aid 1p particulars of all dealings and bill transactions between the plaintiff and
■=39T!§x; defendants, and also of all books and accounts in the defendants' pos-
session, i. 510
^losisfor a discovery of the particulars of the debt claimed by the defendants,
also of the goods and securities in their possession, and what balance is
griUgi-: due from them, i. 514

in a bill of revivor and supplement, relative to the abatement of a suit, the

grant of letters of administration, the claims set up by the defendant, and

^mti ;" "an action commenced by him ; also as to the correspondence kept up by

the defendant relative to the shipment of dollars made by bim, and for a

discovery of leiLers, papers, &c. i. 550

siaax as to a will and the possession of assets by defendants, and requiring an

^aJiiJsc admission of assets or a discovery of the particulars of the personal estate,

gjfdab i. 556

'irf? l-elaling to the filing of an original bill, the decree made at the hearing, the
filing of bills of revivor, order made directing payment of money into
„^. . court, the settlement of a testator's residuary personal estate, monies re-

ceived by the defendants, and the plaintiff's right to prosecute the decree,
gmilfc i. 577

(fdi jPfelating to the writing and receipt of letters, and the contents thereof, and
gbfiin what has become of the same, i. 582

mh ififor a discovery of accounts and entries relating to the falling and sale of

ibsim trees, wood, <!tc. and of the monies produced thereby, i. 588

-HGCp relating to an information and bill exhibited, the statements therein of de-

sdi br ceased persons having been seised of certain mills, the execution of drods,

the solemnization and issue of a marriage, probat*; of a will; also as to

[■■ the mills having been kept in repair, and persons employed l«t dispatch

.; - the business thereof; also as to the defendants being residents within a

iqsA p certain district, and having brought and consumed tb«T.Mn corn, Ac. iind^

h:ir '; having sold corn, and having ground rr.rn at otlier than the rebitors'

mills, and their refusal to do suit and soke iherilo, an<l for a discovery

*)f what is due from ibcm, and of all accounts, <S.'c, in tlicir possession,

i. 03l,(;3«

4&4 INDEX.

INTESTATE,

interrogatories for the examination before the Master of the personal repre-
sentatives of an administrator, as to his intestate's estate and eflTects, ex-
clusive of his share in a partnership business, and also as to the debts
which were owing by the intestate, ii. 372

INVENTORY,

prayer that an inventory may be made of the effects bequeathed to a widow
for life, and deposited with the Master, i. 121, 278, 286

charge in a bill that administratrix has not exhibited an inventory into the
Ecclesiastical Court, or if exhibited, that the same is defective, and the
particulars appraised at less than their real worth, i. 162, 278

ISSUE AT LAW,

prayer for, in a bill by an heir at law to set aside a will, i. 90

to try the validity of a will, prajer for, i. 313, 314

prayer for one or more, to ascertain the customs of manors, and that the

defendants may produce decrees, deeds, &c. relating thereto, for the

plaintiff's perusal, i. 350
statement of issues directed to try the validity of custom of doing suit and

soke at the relators' mills, and of grinding corn used within a certain

district at the same mills, and also whether such mills were sufficient to

grind all such corn, and also of the verdicts found upon tbe trial of such

issues, i. 621
prayer of a petition to vary minutes as to, i. 677. — (And see Contents, vol. ii.

Chapter XVII. tit. Decrees and Deaelal Orders.)

JOINTURE,

statement of a recovery suffered, and of a married woman joining, with a

view to extinguish her jointure, i. 688
decree directing confirmaliou of, ii, 373
decree declaring plaintiff entitled to, and directing defendant to settle lands

to be set out by the Master, ib.

JUDGMENT,

entered up on a warrant of attorney, statements of, i. 109, 180
taken by confession in an action on a bond, statement of, i. 165
interrogatories to prove copies of judgments, ii. 200

interrogatory to prove monies due to examinauts, on judgment, and when
judgment confessed, ii. 277

JURISDICTION,

statement of a person being resident out of, i. 127, 533

KNOWLEDGE,

of persons, interrogatories to prove, ii. 152, 169, 2.59

of a person who entered the navy, and in what character, and what has
become of him, interrogatory to prove, ii. 221

of estates and premises, interrogatory to prove, ii. 259

of a person, and how long witness was acquainted with him, in what cir-
cumstances and situation in life he was when witness first knew him, and
afterwards when witness resided with him, interrogatory to prove, ii. 263

of lands in defendants' occupation, interrogatory to prove the particulars
of, ii, 266

INDEX. 495

LAND-TAX,

prayer in a bill by lessee for account of, and re-payment i 77
interrogatory as to the redemption of, ii. 299

LANGUAGE,

interrogatory to prove in what language an account and a copy thereof were
written, and requiring the witness to translate the copy, ii. 156

to prove in what language a person resident in England corresponded and
conversed, also to prove a knowledge of his hand-writing, and in what
works he was engaged, and where he carried on the same, ii. 222

LEASE.— (See Contents, vol. i. Chapter II. titles Bills for specific Performance
of Agreements, and Bills to cancel Agreements and other Instruments.)

of a farm, statement of, in a bill, i. 455

prayer of an original and amended bill for specific performance of an a^-ree-
ment for, i. 525 °

statement of a bill praying that a defendant may be compelled to obtain the
renewal of a lease, and to pay the necessary fine, i. 555

of corn-mills, statement of, in an information, i. GIG, 626
ji statement (in a petition) of a bill praying that the defendants might be de-

clared to be trustees ior the plaintifl" of premises of which their testator
had obtained a renewed lease in his own name, and might be decreed to
re-assign the premises to the plaintiff, together with the indenture of
lease; praying also for an injunction to restrain proceedings in an action
of ejectment, i. Gl)9

interrogatory to prove the manner of granting leases, and renewals of
leases held under an ecclesiastical corporation, ii, 177

interrogatory to prove as an exhibit a counterpart of a lease, and that the
same corresponded with a former lease, ii, 203

interrogatory to prove as an exhibit a lease which had been tendered to
the defendant, also to prove tender of the lease and counterpart, and re-
quest made to defendant to accept the lease and execute the counterpart,
and his refusal to comply, ii. 20G

interrogatory to prove the provisoes and stipulations necessary to be in-
serted in a lease of beds or strata of coal, to prevent the lessee or grantee
from working the coal, so as to destroy iron-stone lying underneath, and
also to prevent the iron-stone from being rendered useless to the grantor
at the will of the lessee or grantee, and as to witness's knowledge of any
such leases, ii. 227

decree directing execution of several leases, ii. 374

LEGACY. — (See Contents, vol. i. i\i. Bills for Payment of Legacies, and also
to carry the Trusts of Will's into Execution ; also, vol. ii. Cliapli-r XVI I. tit.
Decrees and Decretal Orders.)

bill to attach a legacy whilst in the hands of the testator's executor, and for

payment of the plaintilf's hond debt thereovit, i. 1G4
bills by infants for payment of, unnecessary, i. 2(J5, n.

bill in the nature of a supplemental hill against the executor of one of the
defendants to the original bill, who had died abroad ^^ithout having |)nt
in his answer, he being entitled to a legacy under his father's will in
case he claimed the same within seven years, the paynxuit wiiereof had
been restrained by an injunction obtained by the plaintilf in the orignial
bill ; the prayer of the supplemental hill is, th.it the Ir-a. y with its ac-
cumulations may be declared to be part of th(5 derease<i's personal estate,
and may be applied in payment of the debts due to the plaiulill and the
other creditors, i. 581

496 INDEX.

LEGATEES. — (See Contents, vol. i. tit. Bills for Payment of Legacies, and also
to carry the Trusts of Wills into Execution.)

as to necessary parties to bills by, i. 257, n.

not excluded tbe benefit of a decree for account, by not coming in to claim,
i. 2.58, n.

one of several legatees cannot sustain a bill on bebalf of himself and all
other legatees, for legacies charged on real estate, i. 270, n.

taking in default of appointment, held necessary parties to a bill brought
for a moiety of the residuary estate, i. 209, n.

statement of a bill filed by residuary legatees, praying to have an account
taken of the testator's personal estate, debts, &'c. (one of the plaintiffs
offering to account for the monies received by him), also that the residue
may be ascertained and the executor charged with interest upon balances
retained by him, that the shares of the plaintiffs in one moiety might be
ascertained and secured, and the share of a deceased child paid to bis
representative, and the other moiety secured for the benefit of persons
entitled thereto, and that a sufficient sura might be invested to answer
an annuity given by the will, i. 519

LEGITIMACY,

of plaintiff, decree declaring, as established on the trial of an issue^ ii. 381

LETTER MISSIVE,

prayer for, i. 7

who entitled to, ib. n.

LETTERS,

statement in a bill of letters in the defendants' possession, showing a frau-
dulent scheme formed by them, with the charge relative thereto, i. 59, 62

charges as to letters, <^'c. evidencing statements in the bill, i. 446, 452

statement that defendants wrote letters to and received letters from a person
abroad, i. 582

interrogatory to prove a correspondence by letters with the defendant, and
the hand-writing of the letters if in the possession of the witness, and
any admissions made by the defendant on the same being produced to
him, ii. 173

interrogatories to prove letters, as exhibits, ii. 206, 7, 8, 246, 256, 282

LETTERS PATENT,

statement of, granting corn mills, parcel of the Duchy of Lancaster, tot
certain persons in fee, paying certain annual rents, i. 613

LICENSE,

statement in a bill of a letter of license from creditors to a debtor, i. 42
statement of a license granted by the Crown to the Master and Fellows of
a College, to purchase lands in mortmain, i. 601

LIEN,

offer by plaintiffs, trustees, to discharge any lien which the defendants, as
solicitors, might have upon certain deeds, i. 529

LIMITATION,

plea of the statute of limitations to a bill by an administratrix for account,

ii. 113
plea of the statute of limitations to so much of a bill as sought a discovery

of title-deeds, and of the defendant's title to the estates in question,

ii. 114

LIS PENDENS,

assignment, pending a suit, is void, i. 164, n.

INDEX. 497

*^^^^' ^^ .....■> -.'^^ -'-

statement of loans made by executors upon personai security, i. 121
interrogatories to prove loans of sums of money, ii. 222
interrogatories for examination of a person, claiming to be a creditor, as to
monies in the examinant's charge stated to have been lent, ii. 200

LORD MAYOR'S COURT,

, bill in, for discovery in aid of a defence to an action pending there, i. 509
bill in, for discovery of property in the hands of the garnishees in aid of
an attachment, i. 511

]#^ACY.
' statement in a bill of a commission issued, verdict found by the jury, and
^^ , the appointment of committees of the person and estate of the lunatic,
'5^. ''''i. 310

'^''' statement in an answer of the issuing of commissions of, of the return
■ ■ made by jurors being declared insufficient, and of pi-oceedings in the
matter of the lunacy, ii. 17
interrogatory to prove as an exhibit a copy of an inquisition of lunacy, and
of the order directing a traverse, ii. 200

IXJJTATIC,

commencement of a suit on bebalf of, i. 4, 5

may be a party to a bill by bis committee to set aside acts during his lunacy,

i. 4, n.
statement of death of, i. 312
. J, demurrer to so much of a bill as sought to perpetuate the testiuipciy pf wit-
;,,; nesses to the alleged will of a lunatic, ii. 85 \'^ jrf.^tj

interrogatories for examination of persons before the Master, as to' the
property of the lunatic, the application of the rents, the repairs done to
the estates, and whether necessary, and the redemption of land^taXi ii. 298

MAINTENANCE, "f.'^" ■

of infant plaintiffs^ prayer for, for the time past and to come, i. 2GG, 270
of an infant defendant, prayer for allowance of, to his father, i. 281
pretences and charges as to, plaintiff disputing the application of his share

of personal property, i. 371
statement in an answer of sums expended for maintenance and education
'•' of, and for apprenticing an infant, ii. 27

decree directing an inquiry by whom an infant had Beeii maintained, the
sums expended, and the allowance proper to be made for the time p:iSt
and to come, and out of what fund, ii. 405 *' ' ' '-^ ' '

MANOR.— (See Contents, vftl.i. tit. Bills by, mid against. Lords of Manors.)
answer of the lord of, having seised copyhold promises for want of a tcnnnt
^jafter the death of a former tenant; the cduclusion of the, answer being
■*' ''"framed in the alternative, to be adopted according to circumstances, ollor-
ing to admit the tenant on payment of the customary fine, Or. sclti.::; u^)^
a claim to be entitled absolutely by reason of the seisu^re, ii. l-
• interrogatories to prove customs of manors, ii. 174, 5, b, 7, 8

MAPS, ^ , , f X I r

interrogatory to prove as exhibits copies of maps or plans and of a hook ot
reference, and that in the originals a piece of land and quany \v <r.' .-mi-
tained therein, ii. 200
Vol. II. I I

498 I N D E X.

MARRIACE, 1

bond given to refund part of marriage portion, fraudulent, i. 91, n.

of a testator's daughter with consent of trustees, statement of, i. 435

of plaintiff's parents, statement and charges in a bill as to the validity

thereof, the marriage being disputed, i. 477
interrogatories to prove ceremony of, ii. 223
MEMBER OF PARLIAMENT,

statement of a petition presented against the return of, i. 48B
interrogatory to prove whether a deceased person voted for, and what pa-
rochial oflices he served ia the borough, ii. 240
MEMORIAL,

of an annuity, defect \o, unless appearing on the pleadings or in evidence,
no advantage can be taken thereof, i. 108, n.
MESSENGER,

interrogatory to prove that witness had a relation employed as a treasury
messenger with one E.G., whether E. G. received the monies which be-
came due to him and paid over the same from time to time, ii. 263
MILLS.— (See titles Corn- Mills; Custom.)

MINES,

interrogatories to prove knowledge of, and matters relative to the situation,
draining, and working of coal mines, ii. 224, 5, G, 7

MISREPRESENTATION,

interrogatories to prove, as to a widow's right to free-bench upon the sale
by auction of a copyhold estate, ii. 253

MISTAKE. — (See Contents, vol. i. titles Bills to cancel Agreements, bills of Ex-
change, Bonds, and other Instruments ; and Bills relating to Partnership Matters.)

MODUS. — (See Contents, vol. i. tit. Bills to establish Moduses.)

bill to establish, cannot be filed unless plaintiff has been actually disturbed,

i. 35!, n.
must be set out with certainty, ib.
statement of moduses in an answer, ii. 61
interrogatories to prove various matters relating to moduses or customary

payments, ii. 228, 23G

MORTGAGE,

prayer to have a mortgage security assigned, i, 33

security, prayer for sale of, and in case of a deficiency to be admitted a
creditor against the general assets of the deceased mortgagor, i. 179

by densise, statement of, in an answer, and of default made in payment,
ii. 48

interrogatory to prove the amount due on mortgages and other securities,
ii. 276

prayer of a bill by mortgagees for an account and foreclosure against the
second mortgagee, then for a further account and for a sale of the pro-
perty before the commissioners acting under the commission of bankrupt
against the mortgagor, and in case the monies to arise therefrom should
not be sufficient to pay plaintiff's mortgage-money, interest, and costs,
then for liberty to prove the remainder of the mortgage-money and in-
terest against the separate estate of the bankrupt, i. 241

MORTGAGEES,

statement of an award, ( made in pursuance of an order made upon pe-
tition ) declaring the petitioner to be a mortgagee, and fixing the value of

INDEX. 499

Mo UTGAGBES— continued.

his security at which price be was to become the purchaser thereof, and
also ascertaining the amount in respect of which the petitioner was to be
entitled to prove under a commission of bankrupt issued as:ainst the mort-
gagor, i. 658

interrogatories for examination of mortgagees as to principal and interest
due, how long the exarainants had been in possession, and what they had
or might have received, ii. 299

interrogatories for the examination of a mortgagee of an estate in the West
Indies as to principal and interest due, ii. 300 ; also as to monies laid out
in repairs or lasting improvements, and as to rents received or whicb
might have been received, ii. 301, 302; also as to the names of the
managers of the estates in question, and the number of negroes or
slaves on the estates at the time the examinant took possession, tbe issue
and increase thereof, and which of them have been removed or sold,
ii. 303

interrogatories for the examination of a mortgagee of a West India estate,
to prove that the crop on the plantation was sold by him with the estate,
and that he has converted the same to his own use, also whether lie has
cleared the estate from all duties and incumbrances, what securities he
held besides the testator's bond and the mortgage, and whether he could
not have enforced payment thereon without resorting to the testator's
bond, ii. 304. — (And see tit. Award.)

MORTMAIN. — (See titles Decrees and Decretal Orders ; License.)

MULTIFARIOUSNESS,

objection for, must be taken by demurrer, ii. 79, n.
demurrers for, ii. 79, 80

NAVIGATION,

statements of acts of parliament, and of the works performed pursuant
thereto for making rivers navigable, i. 680, 683

NAVY,

interrogatory to prove knowledge of a person who entered the navy, and
in what character and what has become of him ; also to prove a copy of
an entry in a book kept at the navy office, ii. 221

NE EXEAT REGNO,

prayer for writ of, i, 8, 34

under what circumstances the writ of, will be granted, i. 128, n^, 663, n.

will not be granted for interim alimony before a decree in the Ecclesiastical
Conrt, nor even after a decree pending an appeal from that decree, i. 662, ii.

petition by a married woman for writ of, to prevent her husband from going
abroad until he had settled alimony upon her, i. 662

part of a petition presented by the plaintiffs in a cause, praying for writ of,
against the defendant, in respect of a debt arisen on mercantile transac-
tions, i. 663

NEXT OF KIN.— (See Contents, vol. i. iil. Bills bi/ Ncjrt of Kin for Acvounf.)
bill by the heir at law and one of the next of kin of a deceased person,
praying, inter alia, for an account of the deceaseil's personal estate and
payment of the plaintiff's share of the rebiduc, i. 81
statement in a bill showing the plaintiff to be the nearest of kin tc a decease!

person, i. 508 i r i < i

plea that plaintiffs are not, and averring thut one of tlie dcfcndanls only
sustains that character, ii. 104

I I 2

500 INDEX.

NEXT PRESENTATION,

decree declaring plaintiff to be entitled to present to a vicarage on the next
avoidance, ii. 38G

NON-CLAIM,— plea of a fine and, ii. 100

NOTES,

interrogatory to prove promissory notes as exhil)its, ii, 191

a promissory note as an exhibit, ii. 210
the amount due to exaniinants on promissory notes,
ii. 277

NOTICE,

to vendor of purchase-nioney lying unprodactive, essential, 1.14, n.
charge of, in a bill, i. 18

to a mortgagee, of plaintiffs having a prior charge upon the mortgaged pre-
mises, charge of, it) a bill of foreclosure, i. 240
statement of service of, i. 320
interrogatory to prove as an exhibit a copy of a notice, and when such notice

was served, by whose direction and by whom signed, ii. 201
interrogatory to prove as an exhibit a notice sent to the plaintiff's solicitor

by the solicitor for the defendants, ii. 209
interrogatory to prove service of notices upon the plaintiffs, by whom signed,

and the contents thereof ; also to prove as an exhibit a copy made by

witness of the notices, ib.
to defendant, of plaintiff's claim to an estate, interrogatory to prove, and

whether given before or after defendant had a charge thereon, ii. 236
interrogatories to prove that defendants had, previously to their purchase,

notice that the vendor's title was defective, ii. 2o9, 260
given of the time of digging up titheable articles, interrogatory to prove,

ii. 269

OBJECTIONS,— mode of framing, ii. 139, n.

OFFER,

on the part of a plaintifi" to pay the balance, if found against him, not

necessary in a bill, i, 72, n.
on the part of plaintiffs, to discharge any lien on deeds which defendants

might have, i. 529
by defendant, lord of a manor, to admit tlie rightful tenant on payment of

the customary fine, ii. 43
made to plair.tilJ", interrogatory to prove, ii. 237
by petitioner, on having attained twenty-one, to execute conveyances of

estates sold during her minority, ii. 356

OPINION,

as to the power of the Lord Chancellor, by order of the House of Lords,
of granting the exclusive right of publication of the trial of a peer, and
whether an injunction could be obtained in equity, i. 149

as to the course to be adopted by the first mortgagee against a second mort-
gagee and the assignees of the mortgagor bankrupt, i. 242

on the construction of a will with regard to a clause contained therein, de-
claring the provisions thereby made for the widow to be in bar of all
claims under a settlement, i. 699, n.

INDEX. 501

ORDER,— (Interlocutory,— See Contents, vol. ii. Chapter XVI.)

when (lesireable to save time, should be drawn up by the solicitor imme-
diately on being obtained, and carried to the register's office to be passed
and entered, ii. 332, n.

charges in a bill relative to an order of court having been obtained by
surprise, i. 106

statement in a petition of an order directing a reference to the Master to
approve of a guardian for an infant, also to inquire who bad maintained
the infant and what had been expended, what was proper to be allowed
for his future maintenance, and to consider whetber a part of his fortune
should be employed in estabUshing him in business, i. G44

staten)ent in a petition of an order made upon petition directing a reference
to a barrister to determine whether the petitioner was a mortgagee of
any and what part of a bankrupt's estate, and if so then to fix the value
of his securities, the petitioner to be at liberty to prove for the diilerence
between such valuation and the amount found to be due to him by the
commissioners, i. 658. — (See tit. Decrees and Decretal Orders.)

of Court, statement of, in a demurrer, ii. 92

ORDINARY,

bill against the patron and ordinary of a diocese, to establish medusas, i. 365

OUTLAWRY,

plea of two outlawries, with the certificates thereof annexed, ii. 106
office copy of the record of the outlawry should be annexed to a pica of, ib. u.
plea of, may be filed after an attachment issued, ib.

OUTSTANDING TERMS,

prayer ( in a bill of foreclosure ) to have an outstanding term assigned to

a trustee for the plaintiff", i. 226
averment in plea that there were no outstanding terms, ii. 104

OXGANGS,

interrogatory to prove whether lands are divided into, and whether tithes
payable for lands estimated by the number of, ii. 267

PACKET,

interrogatory to prove that witness commanded a packet-boat on a particubir

voyage — also to prove that plaintill" was a passenger on board, and what

name he assumed, ii. 245
interrogatory for examination of a person claiming to be a creditor as to an

agreement made with him for the passage of a woman and two children,

and how they were treated, ii. 280

PARISH, . , .. ^,,

interrogatory to prove boundaries or division between two parishes, ii. M)4
knowledge of and residence in, ii. 228, 231), 234
PARISHIONERS. -(See Contents, vol. i. tit. mils to cstahtisk Muditscs.)

PARTICULARS of SALE,

interrogatories to prove as an exhibit a printed particidar of sale as tlio

one by which premises were sold by auction, ii. 2\(i, 2>1
interrogatory to prove as an exliibit a printed particular of sale deliven-d

in the auction room at the time of sale, and the hand-writing ol certain

words inserted iberein, ii. 255
interrogatory to prove whether prepared by witness, tbe auctioneer, and

where left for the inspection of persons desirous to purchas.;, n. 262

PARTIES.

demurrers for want of, ii. 81

need not point out the parties by name ; should he to

the whole bill, semblc, ib. n.

502 INDEX.

PARTITION.— (See Contents, vol. i. tit. Bills for a Partition.)

interrogatory to prove by the surveyor employed, in what allotment a farm

was comprised, and that a piece of land was shown to him as forming

part thereof and was allotted therewith, ii. 237
interrogatory to prove that allotments made upon a partition were of unequal

value, and their difference in value, and that the allotment made to the

plaintiffs comprised by mistake a particular piece of land, ii. 238
decrees for, ii. 385, G

PARTNERS,

one partner may file a bill against his copartner for an account, i. 381, n.

in what cases a receiver will be appointed between, ib.

are joint tenants in fhe stock and all effects, i. 382, n.

death of either, dissolves a partnership entered into for a term of years

unless express stipulations to the contrary, ib.
interrogatories to prove a deceased person being taken into partnership in a

banking-house, and as to a meeting held for the purpose of settling his

share, ii. 239, 241, 2

PARTNERSHIP.— (See Contents, vol. i. tit. Bills relating to Partnership
Matters.)

statement of trade carried on under articles of, i. 96
interrogatories relating to partnership matters, ii. 238

for examination of parties and others, in relation to partner-
ship matters, ii. 305, 308

PASSENGER,

interrogatory to prove that plaintiff was a passenger on board a packet and
what name he assumed, ii. 245
PAYMENT,

of a draft drawn upon a firm, interrogatory to prove the refusal of, ii. 173

in respect of tithes, interrogatory to prove, and whether computed accord-
ing to certain exhibits, and in what manner payments were made, ii. 270

order for liberty to apply to the Court ot King's Bench for payment to the
plaintiff and defeudants of money paid into the hands ot the Master of
that court, ii. 387

PEDIGREE,

of plaintiff as heir in tail, statement of in a bill, i. 205
inquiry as to the members of a family in proving a pedigree, ii. 214
ot plaintiff, interrogatory to prove, also declarations made by a deceased
person respecting his nearest relations of the whole or half blood, ii. 246

PEER,

commencement of a bill by, i. 3
all peers entitled to the letter missive, i. 7, n.
bill against, i. 9

never charged with combination in a bill, i. 10, n.

answer of, to a bill, put in upon attestation of honor; to interrogatories, or
when examined as a witness must answer upon oath, ib.

PEN^DENCY, — of a former suit for the same matters, plea of, ii. 117

PENDENTE LITE,

assignment of a legacy to a purchaser pending a suit by creditors for an
account and pa}'ment of it, void, i. 164, n.

PERFORMANCE.— (See Contents, vol. i. Chapter II. tit. Bills for Specific
Performance of Agreements ; see also postea, tit. Specific Performance.)

INDEX.

503

PETITIONS.-(See Contents, vol. i. Chapter VII.)

statement ( in a petition ) of a petition presented for sale of mort-^a-^e se-
curities, i. G58 o c -^

statement ( in a petition ) of a petition presented praying that an a'-reement
for purchase might be cancelled, or if not, that the Master, « ho had
reported in favor of the title, might be directed to inquire within \vhat
limited tune and by what means the defendants would be able to convey
the estates to the petitioner, without prejudice to his claims lor compen-
sation on account of dilapidations, i. 670
recital of a petition for costs, praying that instead of the direction in a
former order (recited ), the Accouutant-General might be directed to pay
to two of the petitioners as the executors of the solicitor, who had ob-
tained the former order, the deceased's proportion of the taxed costs,
and might be directed to pay to the other petitioner the residue of the'
amount of the taxed costs, ii. .334

statement of a petition by a purchaser, praying a reference to the Master to
tax his costs incurred in several suits, and to certify when the vendors
had shown a good title, or whether they were able to procure sullidient
conveyances to be executed previously to the filing of a petition, also
that the Master might allow to the petitioner a proportion of the costs in-
curred by him in various proceedings by reason of the number of in-
cumbrances, and in relation to certain mortgages for securing portions,
also for a reference to the Master to take an account and valuation of di-
lapidations and waste committed, and that the amount thereof and of the
petitioner's costs might be repaid to hira out of his purchase-monev by
sale of a portion of the stock in which it had been invested, ii. :J40, 348

recital of a petition ( stating a will, several orders and reports, the amount
of stock and accumulations of dividends,) and praying an immediate
transfer of stock standing in the Accouatant-General's name arisen from
an accumulation of dividends, and payment to her solicitor of the cash in
the bank, and upon the execution by her of certain conveyances, a transfer
of stock purchased with monies produced by sale of estates, ii. 351, 357

recital of a petition praying that a sura of stock may be transferred to the
trustees of a settlement, which stock by a former order had been directed
to be transferred to one of the petitioners before iier marriage, and also
praying that a sum of cash in the Bank might be paid to the petitioner's
solicitor, ii. 358, 300

PLAN,

interrogatory to prove whether prepared of an estate sold by auction, wlic-
ther referred to in the advertisements for sale, and where left for the in-
spection of persons desirous to purchase, ii. 202

PLEAS.— (See Contents, vol. ii. Chapter XI.)

statement of a plea of the Insolvent Debtors' Act to an action on a bond,

i. 165
as to frame of, ii. 94, n.
answer claiming the same benefit from a release stated tiicrcin as if pleaded,

ii. 41
statement in an answer of the statute of frauds, and claiming the same

benefit therefrom as if pleaded, ii. 42

POLICIES OF ASSURANCE,

affected on a ship, statement of, and of (he insurance monies being received,

i. IGJJ
aliected on a ship, statement of, in bills, i. 414, 41«

504 INDEX.

PORTION,

bill to have a sum of money raised under the trusts of a term of years
created by a Avill for raising portions for the younger children of testator's
son, the tenant for life, i, 395

to a bill on behalf of younger children to raise portions out of real estate,
the infant heir ought to be made a defendant, not a plaintiff, ib. n.

POSSESSION,

of an estate and the title-deeds, bill by an heir out of possession praying

delivery of, demurrable, i.*204, n.
bill by tenant in tail for possession of certain estates and of the title-deeds,

i. 204
prayer that plaintiff may be at liberty to quit, i. 256 . ;^

interrogatories to prove persons having occupied lands, &c. ii. 246, 7
delivery of, interrogatory to prove, ii. 252

POWERS OF ATTORNEY,

interrogatory to prove as an exhibit a copy of a power of attorney deposited
at the Bank, ii. 201
PRESENTMENT, iaV13D3

by the jurors at the manor court, of the freeholders' lands liable to the
payment of an ancient rent called cuUyer-rent, i. 327

PRIVILEGE.— (See title Peer.)
PRORATE,

of uills, statements of, in bills, i. 110, 121, 152, 154, 166, 183, 184, 209,

233, 258, 260, 268, 282, 288, 293, 405, 472, 542, 543, 554, 555, 605
of a will by one executor only, power being reserved to the other executors

to prove, statement of, in a bill, i. 173
of a will by executors, being also devisees in trust, and of their entry into

possession of the devised estates, statement of, in a bill, i. 213
of a will and codicil, statements of, in bills, i. 263, 275, 279, 285, 397,

435, 544
of a will in a consistorial court, statement of, i. 303
statement of renouncement of, by executors, ib.
of a will, statement of, in a petition, and that one executor declined to prove,

or to act as guardian or trustee, i. 642
of a will and codicil, statement of, in a petition, i. 648
of a will, statement of, in petitions, i. 688, 698
admission by an executor, defendant, of having obtained, ii. 29, 81, 32, 34,

35, 48
plea of, ii. 90

PROCESS,— prayer of, i. 6, 7. 535, n.

PROCLAMATIONS,

made at manor courts for heir to claim, statement of, in an answer, ii. 43

PROMISES,

interrogatory to prove promises or expectations held out that a deed should
be corrected, ii. 184

PROPOSAL,

interrogatory to prove a proposal made by defendant to be released from
a contract, ii. "261

PURLICATION,

passed, and cause set down for hearing, statements of, i, 555, 572, 690

I ND E X. 505,

PURCHASE,

plea of purchase for a valnaWe consideration supported by an answer

denying fraud or undue influence having been used, ii. 87
interrogalory to prove that the price paid on the purchase of an estate was
less than the value in case a good title could have been made, ii. 200
PURCHASER —(See Contents, vol. i. Chapter H. tit. Bilk for Specific Per-
Jormance of Agreements; and Chapter HI. tit. Petitions.)

from what time entitled to the rents of the estate purciiased, i. 10, n.
purchasers of diflerent lots at auction may demur to a bill filed against
them, i. 14, n.

QUEEN,— commencement of suit on behalf of, i. 4
RECEIPTS,

interrogatory to prove, as exhibits, ii. 210, 236, 250
indorsed on deeds, interrogatory to prove, ii. 211.— (And see tit. Deeds.)
interrogatory to prove receipt of monies by one treasury messenger on
behalf of another, and payment over to the latter, and whether receipts
were usually given, ii. 248

RECEIVER,

as to personal estate, prayer for, i. 3C8

as to real estate, prayer for, i. 375, 380

as to personal and real estate, prayer for, i. 153, 284, 314, 319

of outstanding personal estate (part of which was charged to be existing
in specie in the hands of assignees), with liberty to efl'ect an insurance on
a consignment of cotton, and to receive the proceeds, and also the divi-
dends to be payable in respect of a debt which is prayed may be proved
against a bankrupt's estate, prayer for, in a bill by creditors, i. 178

bill against the executors of, for an account of rents and produce of timber
felled received by him, i. 188

as to joint and separate effects of insolvents, prayer for, i. 194

as to freehold, copyhold, and leasehold estates and collieries, prayer for,
i. 270

will not be appointed because an executor is poor, i. 289, n.

prayer for, as to charity estates, i. 598
,.>,. direction to the Master to appoint, with liberty to let the estates, ii. 387

the Mas-
ter to allow him a salary, ii. 409

direction to the Master, in a decree, in passing a receiver's accounts, to dis-
tinguish the accounts of the freehold and leasehold and of the estates
specifically devised, ii. 416; statement of the Master's report, certifying
having so done, p. 424
RECONVEYANCE.— (See tit. Redemption.)

RECORDS,

interrogatories to prove as exhibits copies of records and original writings,
ii. 202

interrogatory to prove destruction of records of firirs levied during parti-
cular years, including the record of a line levied of the premises in (Ques-
tion, ii. 248

RECOVERY,

of freehold and copyhold estates, statement of, by way of pretence, and
charge negativing the same, i. 206

statement of a recovery sufiered, and of a married wonr.in joining, with a
view to extinguish her jointure, i. 668

statement in an answer of a recovery being disputed in another suit, de-
fendants believing same to be valid, ii. 24

606 INDEX.

REDEMPTION.— (See Contents, vol. i. tit. Bilk for Redemption.)

bill by a mortgagee praying that be may be at liberty to redeem a term
created by a will for raising portions, and that what she shall pay in re-
demption, with interest thereon, may be added to the amount due upon
her security, i. 235

a prima facie title to redeem, sufficient, and the person having the legal
estate must be before the court, i, 401, n.

twenty years adverse possession by mortgagee a bar to a bill for, ib.

mortgagor filing a bill for, must pay the costs of all persons claiming under
the mortgagee, ib.

to a bill by a devisee to redeem, the heir need not be a party, unless the
devisee claims to have the will established, i. 404, n.

demurrer to aa amended bill for redemption, plaintiff's title having been
obtained after the filing of the original bill and the answer to it, ii. 91

plea of a former will, in bar lo a bill by a devisee for redemption, ii. 118

recital of a petition for redemption ( under tbe stat. 7 Geo. 2. c. 20 ) pre-
sented by the defendant to a bill of foreclosure, praying a reference to the
Master to take an account of principal and interest due to the plaintifl",
and for costs at law and in equity, and upon payment thereof that he might
reconvey to the petitioner; praying also for an injunction to restrain the
plaintiff's proceedings in ejectment, ii. 3fl0

decretal order upon a petition for redemption under the stat. 7 Geo. 2. c. 20,
ii. 391

recital of prayer for, also for an account of the principal and interest se-
cured by the mortgage, and of sums paid on account by the mortgagor,
and in case the mortgagee should have been overpaid, then for repayment,
and reconveyance of the premises, ii. 420

REGISTERS,

of baptisms, burials, &c., interrogatories to prove copies of entries in, ii,

198
interrogatory to prove by whom kept, ib.

the registering of a deed by a copy of the register

and the indorsement of such registration on the exhibit, ii. 202

RE-HEARING,

petition by vendors of copyhold land sold to the undertakers of a navigation,
praying to have the original and cross-causes re-heard before the Vice-
Chancellor, the cross-cuuse had at the hearing been dismissed with costs,
i. 679

order of the Lord Chancellor, directing causes to be re-heard before the
Viee-Chancellor, i. 680

RELATIONSHIP,

interrogatory to prove degree of, of several persons to an intestate, ii. 198

declarations made by a deceased person respecting
his nearest relations of the whole or half blood, ii. 240

RELEASE,

from creditors to a debtor, statement of a deed of, i. 43

pretences and charges in a bill as to a release of all claims set up bvthc
defendant, i. 102

of all claims executed by a widow to the executors of her deceased hus-
band's will, ( she having accepted the provisions made for her by the will)
statement of in a petition, i. 698

of all claims, statement of, in an answer craving the same benefit thereof
as if pleaded, ii. 40

INDEX. 507

HELE AS E — continued.

statement of a release by bankrupts of their surplus allowance and all claims
to their surplus estate, in a plea, answer, and disclaimer by bankrupts,
ii. 00

REMITTANCES,

statement of, in respect of monies received, and of a balance remaining
due, i. 189. — (And see tit. Bills of Exchange.)

RENEWAL,

statement of a hill praying that a defendant may be compelled to obtain the
renewal of a lease, and to pay the necessary fine, i. 555

interrogatory to prove the manner of renewing leases held under an eccle-
siastical corporation, ii. 177. — (And see tit. Lease.)

JIENT. — (See Contents, vol. i. titles Bills of Interpleader ; Bills for Partition.)
bill by a lord of a manor for an account and payment of an ancient rent

called cullyer-rent, i. 325
paid by tenants to defendant, interrogatory to prove, ii. 240
interrogatory for the examination of an agent or steward as to his having
been empowered by a testator to let and sell his estates and receive the
rents, also to ascertain the particulars of the estates, how long the exa-
niinant had been in possession of any part, what rents he had received,
and what remained in arrear, ii. 274
interrogatory for discovery of the particular periods when rents were in-
creased, so as to show the annual rental of the estates, ii. 280
direction in a decree to the Master to set an occupation-rent, and to ascer-
tain the amount due, ii. 379

REPAIRS,

interrogatory to prove the amount laid out by an examinant m repairs, &c.

ii- 288 . , . , . ■ c

interrogatory for examination of a party as to monies laid out m repairs of
a lunatic's estate, by whose advice directed, whether necessary, whether
the lunatic's father was at the same average annual expenses, and as to
the propriety of letting estates so as as to give tenants a right to require
repairs to be done by the landlord, ii. 299
interrogatory for an account of monies laid out by examinant in necessary
repai^rs or lasting improvements, ii. 301

REPLICATION, ..

a creneral replication to a defendant's answer, ii. 119

a special replication to the answers of several defendants, a. 120

TJPPOTJT

statement of, approving of a guardian for an infant, also stating his age and
the amount of his fortune, by whom he had been niau.taincd and vvaa
had been expended; also certifying that it would be proper that par o
his fortune should be applied for establishing hmi .n business, and that
the residue of the income of his fortune ought to be allowed for his mam-
tenance for the time to come, i. fi45 ^ . , i . .• • i

statement of, ( in a petition ) certifying in favor of a title, and stating special
circumstances with regard to the necessary part.es to the couveyanco,

i. 668 , r 1 •• nr-x

Statement in a petition of several reports ot sale, n. JoJ » i r ■

Statement of the Master's general report, certifying the anK,unt due for m-

terest on two legacies," the amount of rents received and o mon.,-s

expended by defendants, the payment of purchase monies .nto the bank,

and investment thereof in the purchase ot stock, ib.

608 INDEX.

'REPOnT—conti7med.

statement of, certifying that certain long annuities, whicli had been trans-
ferred into the names of the commissioners for the reduction of the na-
tional debt, belonged to a deceased person and passed by his will to his
residuary legatee, also deceased, and that the same ought to be transferred
into the name of the Accountant-General, and that a large arrear of divi-
dends thereon ought to be paid to the receiver of the outstanding personal
estate of the residuary legatee, ii. 418; also certif\ing the amount of the
arrears of an annuity, and of the interest due on legacies, 4*21 ; and the
clear residue of the testator's personal estate, 4-22 ; also as to the tes-
tator's heir at law, 423; as to the receiver's accounts, 424 ; the payment
of the costs before directed, and the amount of costs incurred by the
plaintiff in the execution of the trusts of the will, and in defending cer-
tain suits and actions, ii. 425

REPRESENTATIVE, — plea that defendant is not deceased's personal, ii. 95

RETAINER,

statement of monies retained by defendants, and employment of same in
trade, i. 116

REVIEW,

observations on bills of, i. 570

bill of revivor and supplemental bill in nature of a bill of review to reverie
a decree made for establishing a will devising lands for the purpose of
founding a college ; praying also for an injunction to restrain the heir at
law of the testator from applying to the Crown for a charter and licence,
i. 571

bill of revivor and supplemental bill in nature of a bill of review to reverse
a decree establishing a will devising lands for the purpose of founding a
college, ib.

demurrer to a bill of review and supplemental bill, ii, 92

REVIVOR— (See Contents, vol. i. Chapter IV. Section 2. tit. Bills of Revivor.)
observations on bills of, i, 531

in general, necessary to warrant any proceedings after abatement, i. 531, n.
statement of a bill of revivor exhibited, and of the order of revivor, i. 543

REVIVOR AND SUPPLEMENT.— See Contents, vol. i. Chapter IV. Sec-
tion 3. tit. Bills of Revivor and Supplement.)
when necessary, i. o4G

RIGHT,

statement of a writ of right brought to recover possession of estates, i. 475
SALE,

or mortgage of real estates, prayer for in a bill by creditors, i. 158, 187,
194

of real estate, prayer for in a bill by creditors, i. 1G3

prayer that a receiver may be directed to sell cotton on its arrival, i. 178

prayer for sale of mortgage security, and of premises charged with an an-
nuity, and in case of a deficiency, to be admitted a creditor against the
general assets of the deceased mortgagor, i. 179

of an advowson, should be prayed instead of foreclosure, i. 219, n.

in what case a sale of mortgaged premises may be prayed against a mort-
gagor's heir, i. 220, n.

of mortgaged premises, before the Commissioners acting under a commis-
sion of bankrupt against the mortgagor, prayer for, in a bill by the first
mortgagee, against the second mortgagee and the assignees of the mort-
ira^'or, i. 241

INDEX. 509

SALE — continued.

of freehold and leasehold estates by executors and trustees, statement of
in a bill, and that the same were sold at less than their real value, i. 2*6

or mortgage of real estates, in case of a deficiency of personal estate, to
pay debts, legacies, and annuities, prayer for, i, 319

prayer for sale of premises comprised in a term for raising portions, i. 400

prayer for sale of trust estates, and investment of the purchase monies as
directed by an Act of Parliament, i. 441

statement in a petition of sale of estates before the Master, i. 653

interrogatory to prove an estate being advertised for sale and sold by auction,
what conversation witness had with the defendant, the vendor, as to the
price at which the same should be sold, whether the lot was knocked
down bond fide, and whether defendant objected thereto, ii. 250

interrogatory to prove in how many lots an estate was sold ; also to prove as
an exhibit a particular of sale, the amount of half the auction duty, and
the appraised value of the fixtures and timber, ii. 251

interrogatory to prove a sale to the defendants, and the execution of the
conveyances, ii, 259

interrogatory to prove that defendant has sold part of the premises in
question, and at what price, ii. 262

interrogatory to prove a sale of an estate by auction, and the plan or par-
ticular produced at the time of sale, ib.

interrogatories for examination of executors and others, as to the freehold,
copyhold, and leasehold estates of deceased persons, and the monies pro-
duced by sale thereof, ii. 284, 5, 6, 288

decree for, and payment of mortgagees and judgment creditors, according
to their priorities, ii. 384. — ( And see title Report.)

SCHEDULES,

reference to, in a bill, as containing lists of omissions and overcharges in

an account furnished by the defendant, i. 392
reference to in answers, ii. 6, 28, 29, 30, 62, 67

SEARCH, — for wills or letters of administration, interrogatory to prove, ii. 199

SECURITIES.— (See tit. Sale.)

SEISIN,

statement of plaintiff being seised in fee, i. 9, 11
defendant being seised in fee, i. 14
a testator being seised in fee of manors, Sec. i.l82
in a defendant and two deceased persons as trustees, i. 219
King James the First being seised of a manor and certain
corn-mills therein, with the suit and soke thereto belonging, i. 612

SHIP. — (See Contents, vol. i. tit. Bill by Underwriters.)

statement of a cargo of dollars being shipped on board a ship, her arrival

and the delivery of her cargo at the bank, i. 493, 4
interrogatories for examination of persons before the Master as to (lie sale
of a ship, the monies produced thereby, the amount of freight, the sums
paid for seamens wages, and the ship's disbursements, ii. 308.— ( And see
titles Insurance ; Packet.)

SITUATION, , , ...

interrogatories to prove what situations persons have been cmj)loyo(l in, or

have held, ii. 263
interrogatory to prove within wliat parish lands arc situate or reputed to bo
situate, and to what parish poors-rates or tillies have been paid, ii. 261

aiO INDEX.

SLAVES,

interrogatory for discovery of the number of negroes or slaves on the
estates at the time the examinant took possession, the issue and increase
thereof, which of them were removed to other estates, and whether any
were sold and at what prices, ii. 303

SOCIETY,

statement of a society of persons having the management of the aGTairs of
a parish, and the mode of electing the members, i. 603

SPECIFIC PERFORMANCE.— ( See Contents, vol. i. Chapter II, title Bills
for Specific Performance of Agreements.)

statement, in a petition, of a bill filed by a purchaser, praying for an injunc-
tion to restrain the vendors from proceeding at law, and that they might
be decreed specifically to perform their agreement, and to execute a
conveyance to the plaintiff, or that the agreement might be cancelled, i. 666

Statement, in a petition, of a bill, praying that a deed might be delivered up
and an agreement specifically performed, and copyhold lands surrendered
to the plaintiffs, they offering to pay their purchase-money, praying also
to restrain proceedings in ejectment, i. 684

of an agreement for a lease, prayer of bill for, and for an account of monies
due to plaintiff for re- building the premises, and for arrears of rents
agreed to be paid to him, ii. 374

STATED ACCOUNT,

between a feme covert and her husband and execntors and trustees, state-
ment of in a bill, also of payment of the balance due, and the release
executed to the trustees, i. 436

interrogatory to prove a statement and settlement of accounts between
plaintiff and defendants respecting the effects of a deceased person, and
payment of the balance, ii. 158

decree opening stated accounts, and directing a general account to be taken
of all dealings and transactions between the plaintiffs and defendants, ii. 365

STATUTE,

of frauds, statement of, in an answer, claiming the same benefit therefrom

as if pleaded, li. 42
of frauds, pleas of, ii. 107, 112
of limitations, pleas of, ii. 113, 114.

STEWARD,

interrogatory for discovery of the names of stewards employed by a de-
ceased defendant in collecting the rents and management of estates,
ii. 290.— (And see tit. Agent.)

STOCK. — (For Petitions for the Transfer of Stock, see Contents, vol. i.
Chapter VII.)

statement of the investment by executors of a legacy in the purchase of,
i. 265

prayer that the Accountant-General may be directed to transfer shares of
a sum of stock standing in his name, and pay the proportions of dividends
thereon, i. 313

prayer that monies to be paid by defendants may be laid out in the public
funds for the benefit of persons interested, i. 441

statement of a bill, pra3'ing that plaintiffs might be declared entitled to
one-third of a sum of stock, and also for an account of the arrears of
dividends, and that the executors of a deceased trustee, and also a sur-
viving trustee, may make good the same, i. 540

statements of the investments of sums in the purchase of stock in the name
of the Accountant-Gcncral, in pursuance of orders, i. 576, 673

INDEX. 511

STOCK— continued.

statement in a petition of transfer of stock into the name of the Accountant-

General, and payment of the dividends into the bank, i. 638
statement of a residuary estate being invested in the purchase of stock, of

sale of part by the executors in breach of trust, and part being after-
wards replaced by the surviving executor, i. 649
statement of an order, dii-ecting a surviving executor to transfer stock into

the AccouDtant-General's name, the dividends thereof to be paid to the

testator's daughter for life, i. 650
statement in a petition of an order directing a share of sums of stock to

be carried over to the separate account of the petitioner, of the same

being accordingly carried over, and of the amount of stock remaining in

the Accountant-General's name, i. 657
entry of, in the bank books, interrogatory to prove a copy of, ii. 197
interrogatory to prove the purchase of stock by deceased persons, as a gift

for the plaintiff, and the transfer thereof after the death of one of them

into the name of the plaintiff, ii. 241

SUBPCENA,

prayer for writ of, i. 6, 522

not served, when writ of ne exeat regno prayed, i. 8, n.

not prayed in a certiorari bill, ib.

prayer for writs of, in a supplemental bill, i. 522

prayer for writ of, in a bill of revivor, i. 535, n.

SUIT,

plea of a former suit depending for the same matters in bar to a bill for
account, ii. 117

SUPPLEMENTAL ANSWER,

filed by leave of the Court, to correct mistakes made by defendants in a
former answer, ii. 63

SUPPLEMENTAL BILL. — (See Contents, vol. i. Chapter IV. tit. Supple-
mental Bills.)

in what cases requisite, i. 516

not demurrable, although according to the modern practice, the same relief
might be obtained by petition, i. 518, n.

supplemental bill filed by infants, praying that they may be at liberty to
prosecute a decree made in a former suit, and have the accounts thereby
directed prosecuted, charging the executors and trustees with neglect in
not having duly invested the trust monies according to the will, i. 575

bill in the nature of a supplemental bill, by creditors, against the executor
of a deceased legatee, praying that a legacy with its accuuiulations may
be declared to be part of the deceased's personal estate, and may bo
applied in payment of the debts due to the plaintiff and the other cre-
ditors, i. 581

demurrer to, for want of equity, ii. 92

demurrer to a bill of review and supplemental bill, ib.

statement of prayer of, for the same relief against the administrator of a
deceased defendant, as if originally a party, ii. ^76

recital of a supplemental bill, praying that plaintiffs might have the benelit
of a former suit, and the decree and proceedings ther.'in, with liberty to
prosecute the same, that the rights and interests of the plaintills might
be ascertained and secured, and that they might be declared entitled
to have a sum of £6666 stock raised, and that c.irlain ium s might bo
applied towards raising the same, and the delicicucy raised out ot tlio
testator's real and personal estate, ii. 427

hn INDEX.

SURETY,

prayer of a hill by, to compel a specific performance of an agreement to
execute a mortgage to indemnify him from all liability, i. 34

hill by sureties in a bond of indemnity against partnership debts, and for
securing payment of a sum of money which might be awarded by arbi-
trators, against the obligee and the assignees of the partner, tlie obligor
bankrupt, praying to have the bond delivered up to be cancelled, and to
restrain proceedings at law, i. 96. — (And see tit. Composition.)

SURNAME,

statement of plaintiff having assumed testator's surname, i. 475. — (And see
tit. Will.)

SURRENDER,

of a copyhold estate supplied in favor of a mortgagee, i. 232, n.
statements in bills of conditional surrenders, i. 232, 233, 409
statement in an answer of a conditional surrender, ii. 42

SURVEY,

of common lands, interrogatory to prove a surveyor having been employed,

and by whom, to make, ii, 219
made of lands, and the number of acres, interrogatory to prove, ii. 204

TENANT FOR LIFE.

statement of claim of, to devised estates, i. 186
when restrained from committing waste, i. 455, n.

TENANT IN TAIL,

statement of title of an infant as, i. 268, 397

supplemental bills on birth of, i. 526, 7

a fine cannot be pleaded in bar to a bill filed by tenant in tail to prevent the

setting up of an outstanding term on the trial of an ejectment, ii. 100, n.

(The case there referred to has been since reported, 1 Sim. p. 349).

TENDER,

by plaintiffs to defendants of the amount of a dividend, statement of in a

bill, i. 138
interrogatory to prove tender of a lease and counterpart, and request made

to defendant to accept the lease and execute the counterpart, and his

refusal so to do, ii. 206
in respect of moduses or customary payments, interrogatories to prove,

ii. 230, 233, 234
of money or secu'ities in payment or discharge of legacies, interrogatory

to prove, and wbetber accepted or refused, ii. 265
in respect of tithes, interrogatory to prove, ii. 269

TERM.— (See tit. Outstanding Terms.)

TESTIMONY.— (See Contents, vol. i. Chapter III. tit. Bills to perpetuate the
Testiiitom/ of Witnesses.)

in what cases courts of equity entertain bills to perpetuate, i. 464
interrogating part unnecessary in bills to perpetuate, i. 470, n.
demurrer to so much of a bill as sought to perpetuate the testimony of
witnesses to the alleged will of a lunatic, ii. 85

TIMBER,

statement of fail and sale of, i. 104

bill against the executors of a receiver for an account of the produce of
timber felled received by him, i. 188

bill for injunction to restrain the felling or barking trees, and for an ac-
count ol the monies produced by sale of trees already felled, i. 458

INDEX. 513

TIMBER— continued.

information praying for an injunction to restrain the felling or lopping trees,

and for an account of the trees felled and of the loppings, and the value

thereof, i. 585
interrogatory for a discovery and account of trees felled, and the monies

received by sale thereof, ii. 288

TIME,

application for, by defendant, for payment of his purchase-money, interro-
gatory to prove, ii. 252

TITHES.— (See Contents, vol. i. tit. Bills for Account of Tithes.)

an account cannot be decreed until the right is established at law, where
the plaintiff's title is rendered doubtful by prima facie evidence, i. 416, u.
not requisite to waive the treble value in a bill for account of, ib.
account of tithes not decreed beyond six years, ib.
lessee in a bill for, need not set forth his lessor's title, i. 422, n.
interrogatories to prove whether rendered in kind, ii. 229, 234, 5

relating to tithes, ii. 265, 270, 310, 318
decrees for account of, ii. 392

TITLE,

in what cases reference as to, directed, i. 10, n.

statements, in bills, of objections to, and of the title being afterwards ap-
proved of, i. 12, 22

statements, in answers, of objections to, ii. 14, et seq.

interrogatory to prove, that previously to an agreement for purchase, witness
communicated with the plaintiff as to the defendant's title; that the plain-
tiff stated that there existed objections thereto, and his object in stating
such objections, ii. 261
TITLE-DEEDS.— (See Contents, vol. i. tit. Bills to compel the Delivery of Title-
deeds I see also, antea, tit. Deeds.)

TRADE, .^,,,„.., s,.«.?„,..f,

statement of irade carried on under articles of partnership, i. 90

charge relative to the carrying on a testatrix's trade in a bill by her executor,

i. 280
statement of a testator's trade carried on by his executrix with bis personal

estate, i. 304
statement, in a petition, of a testator's capital employed in a partnership

business being continued in the trade for the benefit of persons interested

tinder his will, i. 649
interrogatory to prove a trade being increased after the commencement of

a partnership, ii. 244

TRADER, , ,^. =^ :

charge in a bill relative to deceased having been, i. 153
interrogatory to prove deceased having been, ii. 271
prayer that deceased might be declared to have been, ii. 427

TRANSLATION, , , .

interrogatory to prove in what language an account and a copy 1 hereof
were written, and requiring the witness to translate the same, ii. 156

TRUSTEES.--(See Contents, vol. i. tit. Bilh for the Appointment of New Tnis-
tees; also vol. ii. Chapter XVIL tit. Forms of Orders; and Chapter \^ IN.
tit. Decrees and Decretal Orders.)

of a deed of trust for creditors, prayer for removal of, and appomtment
of a new trustee, i. 168
Vol. II. K K

514 INDEX.

TRUSTEES -rowi/wuerf.

charge tliat a defeiulant ought to be removed from being trustee under
a will, i, 307; prayer lor removal and for the appointment of new
trustees, p. 308

prayer for appointment of, in the room of trustees refusing to act under
a will, i. 814

the court will control trustees in the exercise of the power of appointing'
new trustees, i. 430, n.

proving a will is an acceptance of the trusts, ib.

rule as to costs, ib.

prayer that a trustee may retain his costs out of trust-monies, i. 438

introductory statement and charging parts of a bill filed against the executors
ot a deceased trustee and the surviving trustees of a settlement for con-
verting to their own use monies produced by sale of certain trust estates
under ail act of parliament; prayer that the defendants may be declared
to be responsible for the amount misapplied, and for an account and
payment, and for the appointment of new trustees, i. 438

prayer of a bill filed against trustees of a settlement, for selling part of
the trust fund, and converting it to their own use, praying that they may
be removed, and be decreed to replace stock sold out, i. 441

prayer of a bill by, that a trustee might be discharged, and convey the trust
estates upon the trusts of a will, i. 527

supplemental bill filed by a surviving trustee against a new trustee, in the

' room of a deceased plaintiff, praying that the defendant might be decreed
to join in all acts necessary to obtain possession of title-deeds, i. 528

statement of a bill filed by trustees, praying that the defendants might de-
liver up certain deeds, &c., plaintiffs offering to discharge any lien which
the defendants, as solicitors, might have upon them, i. 529

statement of a bill praying that the executors of a deceased trustee and alsa
a surviving trustee may make good the dividends of a sum of stock to
which the plaintiffs pray to be declared entitled under the trusts of a deed,
i. 540

prayer for removal and appointment of trustees of a charity, and for con-
veyance of a rent-charge to the nevv trustees, i. 607

decree on further directions, declaring the assets of two deceased trustees
liable to make good a breach of trust by the decree declared to have been
committed by the deceased trustees, and directing accounts to be taken
of principal and interest due in respect of the trust money, and of the
plaintiff's costs, ii. 398

decree directing a reference to the Master to settle an allowance to be made
to a trustee under a will for the time past, also to inquire whether beneficial
to the estate that he should be continued and receive compensation,
ii. 406.— (And see tit. Will.)

UNDERLEASE,

statement of application to defendant to accept an underlease and to execute

a counterpart, i. 32
interrogatory to prove tender of a lease and counterpart, and request made

to defendant to accept the lease and execute the counterpart, ii. 206
decree directing the execution of underleases, ii. 376, 7

UNDERWOOD,

titheable, i. 417, n.

cutting timber where necessary for the growth of, not waste, i. 455, n.
of insufTicient growth, bill will lie to restrain tenant for life from cutting,
i. 450, n.

INDEX. 515

UNDERWRITERS.— (See Contents, vol. i. tit. Bills hy Ujiderwrilers in respect
of Frauds practised upon them in the Insurance of Ships.)

UNIVERSITY.— (See Contents, vol. i. Chapter VI. tit. Informations )

VALUATION,

interrogatory to prove that allotments made upon a partition were of unequal
value, and their difference in value, and that the allotments made to tlie
plaintitls comprised by mistake a particular piece of land, ii. 'I'M

interrogatory to prove the appraised value of fixtures and timber on an
estate purchased at auction, ii. 252

interrogatory to prove the annual value of premises at the time defendant
took possession, and also their present value, ii. 271

of an advowson, interrogatory to prove, ib.

interrogatory to prove that witness was employed to value an estate, how he
formed his estimate, at what quantity he computed certain lands, and in
what degree it would have reduced the estimate if witness had known
that certain lands contained less than they were computed at, ib.

interrogatory to prove that witness was employed to estimate the value of
the reversion of houses after the expiration of existing leases, how he
made Jiis estimate, also to prove that the valuation of one lot exceeded
another lot containing the same number of houses and let at the like
yearly rents, and the reason of such difference, ii. 272

VENDOR.— (See Contents, vol. i. Chapter II. tit. Bills for Specific Performance

of Agreements.)

notice to, essential, of purchase-money lying unproductive, i. 14, n.
of a leasehold interest, hound to produce the lessor's title where the agree-
ment is silent, i. 31, n.

VICARAGE, , , , ,

interrogatory to prove a chapelry being annexed or reputed to be annexea
to a vicarage, ii. 265

WAIVER, , , . ,.„,., . ' .

by plaintiffs, of answer to any facts and cnarges in a bill which miglit prove
or discover that the defendants carried on trade with revolted colonics,

pla\*ntiff ought to waive the forfeiture by waste, and all penalties in a bill
for restraining v.aste, i. 454, n.
WARRANT OF ATFORNEY,
statements of, i. 51, 2

statement of, and of judgment entered up, 1.100 . r • iqa

for securing an annuity, and of judgment entered up. statement ot, i. 180

WASTE.-(See Contents, vol. i. tit. Bills to restrain HWc; see also arjtea, tit.

Timber.)

prayer for writ of injunction to restrain, i. 7
as to legal and equitable, i. 454, n. • ,rr .

tenant for life, when restrained from committ.ng i. 4o.> n.
in what cases an injunction will be granted to restrain ib.. 4.,G, n.
demurrer to so much of a bill as sought a discoveiv ol, n. »-
stX , ent in a petition, of waste committed by buihl.M}:s becoming ddapul-.te,!.
In t lie land being cultivated in an unhusbaiid-like manner ai.cr an a;:rc.-
Tn for pu ehase^ntere(l into and before the purchaser took p..sMS>.<.n.
anJprajriW reference to the Master to take an account ol the dctco-
ration and waste coaimiiled, ii. 'Hi, '347
WAY.-(Soc Cootcnts, vol. i. Chapter VI. tit. Informations.)
^ K K 2

616 INDEX.

WIDOW,

■when put to her election, i. 212

from what time entitled to her dower and to an account, ib.

costs do not follow a bill for dower, ib.

having elected to take under a settlement, declared by decree to be barred

of her dower, and directed to execute a proper release, ii. 405. — (And

see tit. Dower.)

WILL. — (See Contents, vol. i. tit. Bills for Payment of Legacies, and also to
carry the Trusts of Wills into Execvtion; also vol. ii. Chapter XVI. tit. Forms
of Orders; and Chapter XVII. tit. Decrees and Decretal Orders.)

bill by heir at law to set aside, i. 84

of real estate, necessary to prove that testator was of sound and disposing
mind, in proving, i. 321, n.

bequeathing legacies and devising real estate, statement of, in a bill, i. 165

devising an estate charged with an annuity, statements of, in bills, i. 209,
213

established by decree against an heir, statement of, in a bill, i. 252

bequeathing legacies, and the residuary personal estate to be applied at the
discretion of the executor, i. 25!)

bequeathing legacies, and the residuary estate in trust for the children of
the testator's niece living at his decease, statement of, and of a codicil
thereto, i. 262

bequeathing stock in trust for the separate use of married women for their
lives, with power to dispose of the principal, and in default of appoint-
ment, in trust for their children, i. 287

bequeathing real and personal estates to trustees ( with full power to manage
the same ) — as to one moiety in trust for certain persons equally, with
benefit of survivorship, and as to the other moiety, in trust out of the
annual produce to pay a small annuity by weekly payments, and the
surplus to be laid out as an accumulating fund during the life of one of
tlie plaintilfs, and after her decease the whole annual produce to be divided
amongst her children during their lives, shares of daughters to be in
trust for their separate use, principal of tlie same moiety to be in trust
for their children taking per stirpes and nut per capita, benefit of sur-
vivorship amongst the children of each daughter, i. 2J)0

bequeathing household goods and furniture to testator's widow at her own
disposal, and if not disposed of to fall into the residue, i.297; and as to
the real estate and residuary personal estate upon trust to sell, manage,
and employ all such parts as should be saleable, at the discretion of the
trustees, and as to the annual produce to pay the same to the widow
until all testator's children should attain twenty-one years, and on their
attaining that age, the whole of the residuiiry estate to be divided into
moieties, p. 2955; one moiety thereof to Ije divided amongst the children
and issue of such as should be dead, and the annual produce of the
other moiety to be paid to the widow for life, with power to appoint the
principal amongst the testator's children or grand-children, and in default
of appointment to go in like m;inner as the first moiety, p. 25)1); in case
of tlie decease of tiie widow during the minority of any child, the whole
residuary estate to be held in trust for all the children etjually, with benefit
of survivorship amongst them, p. 300 ; powers of maintenance and ad-
vancement given to the trustees; in case of the UKuriage of any daughter
before her share should be paid, trustees to insist upon a suitable settle-
ment being made, p. 301 ; in case of the widow marrying again during the
life-time of any child, trustees to pay her one-fourth only of the annual
produce, and the other three-fourths to be held in trust for the childrcu

INDEX. 517

WILL — continued.

as if she was dead, the provision made for the widow to be in fall for
dower, p. 302 ; power given to the trustees to invest trust monies in one
or more purchases within certain counties; declaration that all real estates
should be considered as personal property ; guardiaus appointed for the
infant children; i. 303

statement of, devising estates to the use of trustees for a term for the pay-
ment of debts, remainder to the use of the testator's eldest son for life,
remainder to trustees to preserve contingent remainders, remainder to
trustees for a term for raising portions, and subject thereto to the use of
the first and other sons of the testator's son in tail male, with directioa
that certain leaseholds should be enjoyed with the freeholds, i. 39G

devising freehold and copyhold lands to a widow for life, with power to
appoint the same amongst the testator's children, and in default thereof,
then amongst them equally, bequest of the personal estate to the widow-
absolutely, i. 471

devising freehold estates to the plaintiff for life, with remainder to the first
and other sons in tail, with directions that the plaintill" should take the
testator's surname, i. 474

statement of a bill by trustees and executors, praying to have the trusts of
a will carried into execution, account taken of the testator's debts, le-
gacies, and annuities, that the real estate might be sold, and together with
the personal estate applied in due course of administration ; and in case
all the assets should not be sufficient, then that it should be declared
which of the legacies and annuities were liable to abatement, i. 538

information praying to have the trusts of a will carried into execution,
whereby lands were devised for the purpose of building a college and
supporting and endowing the same, i. 595

devising estates to trustees upon trust to pay yearly £600 to two persons
for their maintenance for ten years, one-half of which they were to
travel abroad, vacancies to be filled up from time to time, the surplus
rents to be applied in purchasing advowsons for the members of the
college, direclious given that an estate should be settled on the Master
and Fellows of a College, in trust for the uses of his will; directions
given for maintaining the number of trustees, i. 599

statement of a will, bequeathing stock to trustees in trust to permit a so-
ciety having the management of a parish, to receive the dividends to bo
applied for the benefit of the poor, i. 604

statement of a will, appointing a guardian of persons of infants, and guar-
dians of their estates, i. 6*26

statement of a will, bequeathing a legacy to the widow, with interest until
paid, and also the household furniture, carriages, farming stock, ^c. and
her diamonds and paraphernalia ; devise of freehold and leasehold estates
to the widow for life, and after various specific devises of parts thereot,
totakeefiect after her death, the testator devised his residuary freehold
and leasehold estates to the eldest son of his cousni, absolutely, upon
condition of his taking the testator's surname; bequest oi the residuary
personal estate to trustees in trust for the widow tor lile, and atter lier
death, in like manner as the freehold; deelaration that the pn.visioiis
thereby made for the widow were in bar to all claims against his estate or
executors under his marriage settlement, or otherwise and that she sl.onkl
execute all necessary conv.'Vanees, and also a deed ot reirase to his
executors, i. (UJG ; the conslruelion put upon this will l)y the \ ice «. Iian-
cellor will be found p. 700, n. ,

demurrer on the ,uround that plainlin- docs net ai-p' ar by llic hill In have
proved the will of his testator, ii. B4

618 INDEX.

WILL — continued.

demurrer on the ground that plaintiff had not proved his testator's will in
the proper Ecclesiastical Court, ii. 84

demurrer to so much of a bill as sought to set aside, ii. 89

plea of, by the executor who had proved, ii. 90

plea of a former will in bar to a bill by a devisee for redemption, ii. 118

interrogatories to prove, ii. 211

and codicil, interrogatory to prove, one of the subscribing witnesses being
dead, ii. 212

interrogatory to prove the cancelling of a will, and why cancelled, ii. 272

prayer to have the trusts of a w ill carried into execution, and the rights of
the parties ascertained, the usual accounts taken, the real estate sold, and
the produce applied in aid of the personal in case of a deficiency ; also
that plaintifl's might be authorized to complete or sell a ship on the stocks ;
also to have a receiver appointed as to the real and personal estate;
also for discovery of the effects of which testator died possessed, a re-
ference to the Master to ascertain what furniture and effects were the
defendant's separate property, and for an injunction to restrain the
selling or removal of furniture, jewels. Sec. ii. 414

WITNESSES.— (See Contents, vol. i. Chapter III. Hi. Bills to perpetuate the
Testimony of Witnesses; also vol. ii. Chapter XV. tit. Interroyatories, and
Chapter XVI. tit. Forms of Orders.)

prayer for commission to examine witnesses abroad,!. 447, 453
petition to examine an aged witness de bene esse, i. 078
demurrer to a bill for examination of witnesses de bene esse, ii. 78
demurrer for want of equity and also for multifariousness to a bill for dis-
covery, and for a commission to examine witnesses abroad, ii. 80. — (And
see titles Interrogatories ; Testimony.)

WOOD,

under-wood and coppice-wood titheable, but not timber trees of twenty
years growth, nor the loppings thereof, if of the same age when cut,
i. 417, n.
springing from the stools of trees cut down, is titheable, il),
interrogatory for a discovery of the particulars of woods and wood-lands,
ii. 289. — (And see tit. Timber.)

WORK AND LABOUR,

interrogatory to prove amount due to examinants for, ii. 277

WRIT,

oi fieri facias, statement of the issuing of, i. \GG

of right, brought to recover possession of estates, statement of, in a bill,
i. 475. — ( And see title Subpoena.)

THE END,

ERRATA.

VOL. I.

PAGE

Table of Contents, Chapter V. line 6, from the bottom, for " in nature
of a review," read " in nature of a bill of review."
9, last line but one, after " Sim. & Stu." add " p. 543."
16, 1. 27, for " some or what," read " some and what."
32, 1. 8, from the bottom, for " declared," read " decreed."
155, 1. 21, fur " bills," read " bill."
235, 1. 19, for « bill," read " will,"
240, 1. 5, for'' this," read " his,"
271, 1. 31, for " childre," read " children."
297, add an asterisk to Form, No. LXXX.
315, 1. 16, for " estates," read " estate."

338, 1. 5, for " binding the plaintiffs," read " binding upon the plaintiffs."
453, 1. 4, for " name," read " names."
663, 1. 8, from the bottom, for " negno," read " regno."

VOL. IL

13, 1. 6, for " in value," rend " in the value."
323', in the margin, 1. 9, from the bottom, dele" that."^
381, 1. 2, for " eldest son," read " eldest surviving son."

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